Theme Park Photographer Sues for $650K After Fall During Dolphin Shoot
A photographer has filed a $650,000 lawsuit against her employer after she fell from a rocky bank while taking pictures inside a dolphin enclosure at Sea World Resort, Australia.
Photographer Therese Anne Kerrins is suing Village Roadshow Theme Parks — which operates Sea World Resort in Queensland, Australia — following injuries she says she suffered while photographing visitors taking part in the attraction’s Family Dolphin Program.
According to a report by Australian news outlet The Courier Mail, the incident occurred in February 2023 while Kerrins was taking photos of guests swimming with dolphins at Sea World Resort. In the lawsuit, Kerrins states that the family and the dolphin were positioned in such a way that she could not capture an acceptable image from the designated walkway.
Kerrins had been assigned to a “back pool” area, rather than the main dolphin pool, and was unfamiliar with the location. The lawsuit alleges that, in an effort to take a suitable photo, she climbed onto nearby rocks surrounding Dolphin Bay. But while attempting to photograph the family, Kerrins reportedly lost her footing and fell.
“The plaintiff (Kerrins) climbed to the top of a large set of rocks so that she could take photographs of the family while they were in the pool,” court documents filed in the Queensland District Court and seen by The Courier Mail state. “As she was taking photographs, she lost her footing and fell. In the course of falling, her left lower leg impacted the rocks a number of times before she fell on her left shoulder.”
According to court documents, Kerrins’ foot became trapped between the rocks, forcing her to pull it free and causing abrasions, bleeding, and swelling. The photographer reportedly experienced immediate and sharp pain in her left ankle.
The lawsuit says that Kerrins developed complex regional pain syndrome in her left ankle, sustained musculoskeletal injuries to her shoulder, and experienced an aggravation of pre-existing conditions, including an eating disorder and major depressive disorder. She claims the fall has led to ongoing pain, reduced earning capacity, and continuing medical expenses.
Ms Kerrins is seeking $959,488.23 AUD (approximately $650,000 USD) in damages from Village Roadshow Theme Parks in the lawsuit. She alleges that Village Roadshow Theme Parks was negligent in failing to warn her not to use the rocks, failing to provide a safe position for photographers, and not implementing a system to ensure families and dolphins were arranged safely for photos.
Village Roadshow Theme Parks has indicated it will contest the photographer’s lawsuit. According to The Courier Mail, the company argues the fall was avoidable and that Kerrins could have safely taken photos from flat ground, a sand bank, or by asking the dolphin trainer to reposition the participants.
The company also disputes the cause of her fall, suggesting it may have been the result of a “syncopal event”, or fainting episode, rather than a simple loss of footing. It adds that no other dolphin photographers were known to climb the rocks and that “it was unnecessary for the plaintiff to position herself on the set of rocks” to take photographs. While Village Roadshow Theme Parks acknowledges that Kerrins sustained ankle and shoulder injuries and suffered “some pain and suffering”, the company claims the photographer’s lawsuit is “excessive and inconsistent with evidence.”
Image credits: Header photo licensed via Depositphotos.
