Janice Dickinson, 70-year-old American supermodel and former judge on the reality television show “America’s Next Top Model,” has filed a personal injury lawsuit against ITV Studios Ltd., trading as Lifted Entertainment (“ITV”). The lawsuit alleges that Dickinson sustained permanent scarring and nerve damage on the set of “I’m a Celebrity… Get Me Out Of Here (South Africa)” after tripping in the middle of the night while attempting to use the restroom.
Ms. Dickinson was the runner-up on the original 2007 series, “I’m A Celebrity… Get Me Out Of Here!”, and later appeared on its spinoff 2022 series in South Africa, the location where she sustained the injuries.
A $1 Million Claim Raises Broader Duty of Care Questions
The lawsuit, which seeks nearly $1,000,000 in damages, raises questions about the duty of care owed by production companies to their contestants. It also highlights the legal protections afforded to individuals participating in reality television shows.
ITV has refuted the allegations, asserting that it operates under stringent safety protocols. Ms. Dickinson is represented by Taylor Hampton Solicitors Ltd., which has confirmed her commitment to pursuing the lawsuit and awaits the formal defenses presented by ITV.
Ms. Dickinson’s negligence claims are based on a breach of the broadcaster’s duty of care to maintain a safe environment during production. To establish a breach of duty, Ms. Dickinson must demonstrate that ITV’s conduct, supported by evidence and expert testimony, deviated from the expected standard of care and directly caused her injuries.
Ms. Dickinson asserts that there were inadequate lighting conditions on the premises when she attempted to use the restroom. Additionally, she claims that she was administered a sleep aid, which resulted in drowsiness and impaired balance, rendering her particularly vulnerable while navigating the campsite. Furthermore, Ms. Dickinson alleges that ITV staff members and medical personnel were either inattentive or delayed in responding to her injury. She asserts that she was left “bleeding in the dark for approximately 10 minutes” before receiving assistance. Lastly, Ms. Dickinson contends that ITV provided poor aftercare and refused to cover the medical expenses incurred for her treatment.
Independent Contractor or Employee: Why Classification Matters
Could ITV’s Workers’ Compensation policy potentially cover Ms. Dickinson’s claims? No, because Taylor Hampton’s lawsuit on behalf of Ms. Dickinson seeks damages for physical injury, psychological distress, and professional loss to her modeling career. Workers’ compensation generally provides coverage for on-the-job injuries sustained by employees. Currently, Ms. Dickinson, as a contestant on a reality television show, is considered an independent contractor, and is therefore excluded from the workers’ compensation framework that protects employers from civil liability. However, this classification could change if reality television contestants are treated as employees in the future.
Liability Exposure and Settlement Pressure
Ms. Dickinson’s success relies on her attorneys’ ability to demonstrate that ITV staff members were negligent and failed to fulfill their duty of care on set. If they present compelling evidence, including expert witness testimony, that the producers and staff neglected their duty of care and failed to promptly respond to Ms. Dickinson’s injury, potentially resulting in permanent damage, they are likely to secure compensation for her. However, if the case proceeds to trial and ITV believes they are at a disadvantage, they may consider settling, provided Ms. Dickinson and her attorneys are willing to accept a settlement at that time.
On an international level, this case raises concerns pertaining to the future of reality TV productions, positioning the courts to examine how far production companies’ duty of care extends in high-risk reality programming and underscoring an unglamorous gap between entertainment productions and perceived accountability.
In response to an inquiry from Forbes Legal Entertainment, Taylor Hampton Solicitors Ltd. said the claim centers on ITV’s alleged failure to meet its duty of care.
“The claim arises from an accident suffered by Ms Dickinson while filming the ITV reality television show, I’m A Celebrity… Get Me Out Of Here! and concerns injuries sustained on set, some of which are permanent.” The firm states. “It is our client’s case that ITV Studios, as producer of the programme, owed Ms Dickinson a duty of care to ensure she was reasonably safe while filming and to take reasonable steps to protect her from foreseeable risks of injury, and that this duty was breached. This case highlights the importance of safety protocols in television production, particularly in remote filming locations.”
When also asked to comment, an ITV Studios spokesperson replied that the company disputes Ms. Dickinson’s account and maintains that it acted appropriately.
“Janice Dickinson’s letter of claim has been received and reviewed,” the spokesperson asserts. “I’m A Celebrity operates a high level of safety protocols and the health, safety and welfare of all of our contributors are our number one priority. We do not recognise this version of events. However, we looked after Janice at the time, paid her medical expenses, flew her home to Los Angeles, and the I’m A Celebrity team were in regular contact with Janice and her representatives after she returned home to America until after the programme aired seven months later.”