Reuters, Published May 05 2014
VIDEO: Clamp blamed after circus performers fall in rigging collapse
Eight people remained hospitalized, two in critical condition, following the Sunday collapse during the Ringling Bros. and Barnum & Bailey Circus performance, where acrobats suspended by their hair plunged to the ground in front of an audience of about 3,900 people.
The steel carabiner clamp was the sole support of the welded steel rigging developed by husband-and-wife team Andre and Viktoria Medeiros, the latter of whom was among the eight people to fall.
Paul Doughty, investigator for the Providence Fire Department, said it was not immediately clear why the carabiner, which was found broken into three pieces, failed.
"In terms of the weight carrying capacity of the performance, it was within its criteria," Doughty said. "There are dynamic forces that are involved."
The 5-inch long carabiner was designed to hold up to 10,000 pounds, far more weight than the 1,500 pounds suspended at the time of Sunday's collapse, Doughty told reporters. Movement of the rig or of the performers could have increased the force on the carabiner.
Feld Entertainment, which owns the Ringling Bros circus, said it was still studying the cause of the collapse.
In addition to the two performers in critical condition, three were in serious condition and three others in good condition, according to a spokeswoman for Rhode Island Hospital, where the acrobats were brought after the collapse. Another performer was treated and released on Sunday.
The eight hospitalized performers are Viktoria Medeiros, Widny Neves, Samantha Pitard, Viktorila Liakhova, Dayana Costa, Julissa Segrera, Stefany Neves and Svitlana Balanicheva, hospital officials said.
"The injuries were severe on some of the performers, but none appear to be life threatening at this time," Feld spokesman Stephen Payne said in an e-mail.
The acrobats fell about 40 feet to the floor, hurting one performer on the ground and stunning the audience, some of whom were initially unsure if the drop was part of the act.
Video of the act showed the women falling quietly, without screaming. The lights were dimmed right after the drop.
The Occupational Safety and Health Administration was investigating the cause of the collapse on Monday, a spokesman said.
"As with any OSHA inspection, its purpose will be to determine whether or not there were any violations of workplace safety standards in connection with this incident," said the spokesman, Andre Bowser, adding that the agency could not estimate how long its investigation would take.
'HIGH BURDEN OF PROOF'
OSHA has six months to investigate the accident and could then issue citations to the company if it finds any legal violations. But the agency has a high bar to prove that the circus company violated workplace safety standards, employment law experts said.
"That's a high burden of proof," said Edwin Foulke, a former OSHA official who now serves as an attorney at law firm Fisher & Phillips.
It would have to show the company knew the equipment that held the performers was faulty, that it failed to perform proper inspections, or that the company violated safety standards accepted throughout the industry, he said.
Circuses have been cited for very few OSHA violations over the past several years, he said.
"They recognize what they do is dangerous," Foulke said. "It's been my experience that they are very, very safe."
OSHA can fine the company up to $70,000 for each "willful" violation. It can also ask a company to abate any safety violations it sees, which can affect the structure of a performance.
In 2010, for example, after a killer whale trainer at a SeaWorld park was drowned after being pulled into a pool by an orca, OSHA ordered SeaWorld to physically separate the trainers from the orcas during performances, drastically altering the set-up of a marquee event at the wildlife park.
Outside the Dunkin' Donuts Center where the circus incident occurred, people who had held tickets for the canceled performances trickled in to collect refunds.
Anthony Fagundes, a funeral director from Cranston, Rhode Island, said he had been watching the show with his wife and grandsons, ages 2 and 3, when the women fell.
"It was like a jinx ... We were all kind of stunned," Fagundes said, adding that he had struggled to answer his older grandson's questions about why the show had been suspended.
Feld said on Monday the show would travel on to Hartford, Connecticut on Tuesday for performances scheduled for later this week.