I see, Flapper. I guess I have a different view. Strictly legally, it's the production LLC that's responsible - there's a reason why it's called "limited liability". If the LLC has assets of $1, then that's what's at stake. If the injured party is a member of the LLC, then things look entirely different again from the point of view of lawsuits - and members can be non-voting, and hold only 1% of the LLC, so even here there are wrinkles upon wrinkles - for examples multiple holding companies, where assets are sequestered and liability is therefore also sequestered. You know, it's actually not even about the $10K, because you don't need to put $10K in the LLC. I don't want to go into excess detail here, because not only is it long and complicated, but nobody should be getting legal advice from a post on the internet. Please consult a lawyer. Because I can plainly see you have not explored this with lawyers specializing in this, including those who concentrate their practices on "piercing the corporate veil". My point is simple - you can structure the LLC in such a way that from a strictly legal point of view you are protected and protected very well indeed.
That leaves the moral dimension. And that comes down to this: of course, as a friend, or simply responsible project leader, you want to do the maximum you possibly can to insure safety and in case of injury give compensation. But, you can't get blood from a stone. If you don't have assets - really don't, and not merely by dint of a well-structured LLC - you can't do more... it's not dependent on your will or willingness. So you warn your volunteers and make them aware of the risks and the fact that you can't do anything in case things go wrong. At that point it is up to them to take that risk. The LLC is there only for strictly legal protection from the state (in your example: "Stunts aren't the problem. If someone trips in a gopher hole walking to the set and breaks their leg the production company is legally responsible, and their health insurance will come after you." - and they'll get nowhere fast, if you have done your job with a properly structured LLC), or lawsuits.
If you've taken care of the legal and moral dimensions of this, you can ask, well, do you have the right to make that film then, if you can't afford to compensate people for possible injuries? Everyone will answer it their own way. I'm with the thousands of filmmakers who over the decades have decided to go ahead (examples of which I've given), to not only their personal benefits, but the benefits of all involved in the project. I may have bad luck, but that's the risk I must take. You may not wish to.
EDIT TO SAY:
I am not a lawyer. This is not legal advice. Please consult a qualified attorney.
And seriously, I urge every filmmaker to invest a bit of money in a legal consultation. This is what you should do: get a basic book covering the issues (I gave a link to one earlier). Once you've absorbed that, go ahead and pay the $200 to consult with a lawyer who has experience in this very specialized field, to make sure you understand what risks are involved and how to structure your LLC. It will pay off, for a long time - our society is increasingly litigious. Make sure, before a production, to consult again, in case the law or practice outcomes have changed.
That leaves the moral dimension. And that comes down to this: of course, as a friend, or simply responsible project leader, you want to do the maximum you possibly can to insure safety and in case of injury give compensation. But, you can't get blood from a stone. If you don't have assets - really don't, and not merely by dint of a well-structured LLC - you can't do more... it's not dependent on your will or willingness. So you warn your volunteers and make them aware of the risks and the fact that you can't do anything in case things go wrong. At that point it is up to them to take that risk. The LLC is there only for strictly legal protection from the state (in your example: "Stunts aren't the problem. If someone trips in a gopher hole walking to the set and breaks their leg the production company is legally responsible, and their health insurance will come after you." - and they'll get nowhere fast, if you have done your job with a properly structured LLC), or lawsuits.
If you've taken care of the legal and moral dimensions of this, you can ask, well, do you have the right to make that film then, if you can't afford to compensate people for possible injuries? Everyone will answer it their own way. I'm with the thousands of filmmakers who over the decades have decided to go ahead (examples of which I've given), to not only their personal benefits, but the benefits of all involved in the project. I may have bad luck, but that's the risk I must take. You may not wish to.
EDIT TO SAY:
I am not a lawyer. This is not legal advice. Please consult a qualified attorney.
And seriously, I urge every filmmaker to invest a bit of money in a legal consultation. This is what you should do: get a basic book covering the issues (I gave a link to one earlier). Once you've absorbed that, go ahead and pay the $200 to consult with a lawyer who has experience in this very specialized field, to make sure you understand what risks are involved and how to structure your LLC. It will pay off, for a long time - our society is increasingly litigious. Make sure, before a production, to consult again, in case the law or practice outcomes have changed.
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