I cannot imagine a more terrifying meeting with corporate counsel than pitching the recent video of a race car driver in disguise taking a sales person on a joyride.
Let’s consider the possible legal issues the attorney was faced with in making a “surprise” online commercial:
1) Do not kill anyone.
2) Talent Releases of Everyone Filmed. Not difficult, but something to make sure is done.
3) Permission from the auto dealer in advance of the “test drive.” There would be liability issues in the event the car was damaged. One would assume phone calls were made to secure permission, confirmed with contracts. This says nothing of the risk to human life.
4) Securing permission to engage in “reckless” driving. There had to be a closed course of some kind that kept the public from entering the area where the “joyride” was taking place. Permits most likely were filed to secure this permission and road closures.
5) Permission to drive on private property at a high rate of speed. Certificates of Insurance naming the property owner as an additionally insured were most likely issued.
6) What happens if the sales person was injured or had a medical emergency from the joyride? Would there be issues of kidnapping by taking the sales person on the joyride against their will?
Many people enjoy these “gotcha” videos, but attorneys have to go on their own high speed chase to ensure all laws are followed in producing such webisodes. These are only a few of the issues to consider. There most likely were many more for corporate counsel to make decisions on, followed by an ice cold refreshing beverage that was not soda.
