Who Could Be Liable for Concert Injuries?

ELI5: Negligence

If you sustain injury at a concert, who could be liable for those injuries? 

The Concert Stadium 

Property owners, whether they own residential or commercial property, generally have a duty to ensure that their property is safe for guests and implied invitees. So those who own the concert stadium could be liable for injuries that happen on the property, along with those who manage the stadium. Just recently, a young woman passed away at a Taylor Swift concert due to heat-related medical conditions. The temperatures were well over 100 degrees, and the concert venue was reportedly not allowing customers to bring water into the stadium. Reports also indicate that there were not enough places to find water within the concert venue. This particular concert venue was in Brasil, but if it had happened in America, the concert venue could have some liability since they knew, or reasonably should have known, that the high temperatures could cause concert-goes to sustain heat-related injuries, and it appears the venue did not take reasonable precautions in order to prevent such injuries. However, don’t be surprised if the venue tries to claim that you “waived” your right to bring a claim for your injuries. A lot of times there is very fine print on the back of your tickets, or in the terms and conditions of your digital ticket, that says the venue owner is not responsible for the injuries caused, and that you agree to waive your claims against them if you do get injured.  These “waivers” don’t necessarily mean you don’t have a case, which is why it’s important to consult with a personal injury attorney despite this language. 

Fellow Fans 

Technically, you could file a personal injury claim against a fellow fan if they caused you injury. However, just because something is technically possible doesn’t make it a likely success. First, you’d need to show that the person who caused you to sustain injury was somehow negligent. Usually, when it comes to concert injuries sustained by fellow fans, injuries happen because both parties are somewhat negligent. For example, if you get into an altercation with another fan, it will be difficult to file a personal injury claim if you also escalated the situation. Also, you’d need a source of recovery. Even if you do have substantial damages, winning your claim won’t mean anything if you cannot collect from the person who injured you. If the person who caused you to sustain injury does not have the financial resources necessary to compensate you for your injuries, you may not be able to file a claim. However, if the person was permitted to cause your injuries due to lack of appropriate security or safety precautions, that would be when you may name the individual who caused your injuries, and the venue where the injuries took place. 

Third Party Liability 

Third party liability occurs when one party hires another party, and that party’s negligence causes someone to sustain injury. Here’s a good example of third party: some concert venues don’t have their own security team. Instead, they might hire a private security company to supply them with a security team during the concert. In this example, the security team is the third party. If someone sustains injury because the third-party security team did not do their jobs, the security team and/or their company, could be liable for the person’s injuries. Crowd crushes can be a concern at concerts. Generally, concert venues are designed to prevent or mitigate the chances of a crowd crush. However, security teams are also expected to take precautions when a crowd is becoming unruly or chaotic. If security teams do not take reasonable precautions in order to promote safety and prevent injury, the security company may be liable for any injuries that are caused due to the security teams’ failure. 

The Performer 

Performers can also be liable for injuries that happen at their concert if they do something to promote negligence or unsafe behavior. For example, if a performer encourages people to engage in physical violence, and someone becomes injured in an altercation that the performer encouraged, the injured party may have a claim. However, performers can also be liable for injuries that occur when they fail to do something that could prevent injury. Here’s a real-life example: in 2018, there was a crowd crush at a Travis Scott concert. Despite seeing people unconscious at multiple times during the concert, Scott did not stop performing his set, though he did briefly pause a few times. Although lawsuits have been filed against Scott for injuries sustained at the crowd crush, and some have been settled, Scott may have been found liable for those injuries if the cases had gone before a jury. 

When You’ve Sustained Injury 

If you’ve sustained injury, Moxie Law Group is here to help. Contact us today to get started with a free consultation. 

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