Through the eyes of the law: What is it about art that can harm people?

Abstract

Abstract The notion of arts-based risk is rarely acknowledged outside of art therapy. This paper describes an injury sustained as a result of art activity. The case was subject to legal proceedings which established arts practitioner and organisational negligence. The case was consequently settled out of court for a large sum. The paper reports the legal argument and explores what the process tells us about how art can both help and harm participants. This specifically concerns the power of art to make the subjective seem real and the need for practitioners to able to competently assess participants’ psychological vulnerability to this. The case represents an important milestone in the current arts and health debate, particularly with regard to the protection of the public. Lessons to be learnt for organisations seeking to deliver arts and health projects to vulnerable people are discussed.