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Crowd Surfing Lawsuit: When to Sue for Festival Injuries

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By George Khoury, Esq. on January 31, 2017 6:00 AM

No one goes to a concert or festival expecting to get injured. However, at times concerts can get out of hand and injures do happen. While some might think that concert goers are assuming the risk of concert related injuries, they would be mistaken.

At the 2016 Riot Fest in Chicago, one festival goer was injured when a crowd surfer fell on top of her, fracturing her ankle. The injured attendee has recently filed a lawsuit as a result of her injury. The lawsuit alleges that the venue, along with the promoters and organizers, failed to provide adequate security to control the crowd, and should have stopped the crowd surfing.

While the group Brand New performed, the plaintiff was about 200 - 300 feet from the stage when a large male crowd-surfer was dropped by the crowd, landing on her leg, causing a fracture. Her lawsuit, reportedly seeks $200,000 in damages.

Concert Venue Liability

Music and entertainment venues are generally required to provide a safe space for the public (or ticket holders) to enjoy their entertainment. The same laws regarding premises liability apply to venues as they would to any other business. Similarly, not every injury that occurs at a concert venue will be attributable directly to the venue, organizers, or entertainment providers. However, venues that allow crowds to get out of control can face liability for resulting injuries.

Liability will usually be limited to injuries that are related to the premises or the entertainment being provided. But as the crowd surfing lawsuit illustrates, the relatedness factor is rather flexible.

Additionally, take for example the man who was punched at Kid Rock concert by another concert goer in 2013 and suffered a traumatic brain injury. Though the injury was caused by another attendee, the lawsuit alleged the venue, organizers, and promoters were all liable due to the negligent security failure.

If a person is injured while at a business, such as a concert venue or theater, if the injury was the result of the condition of the premises, the injured person may have a legal negligence claim against the business.

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