Can You File an Injury Claim Against a Concert Venue?
Can You File an Injury Claim Against a Concert Venue?
Your favorite group is getting ready to take the stage and excitement doesn’t begin to describe how you’re feeling. You’re happily singing and dancing, when suddenly you hit the ground, breaking a leg.
Not only are you missing the show, but you’re also dealing with medical expenses—this isn’t how your outing was supposed to go.
As you’re dealing with your injuries you may be wondering if you can get compensation for concert venue injury claims. The answer may be yes, but first, you need to determine liability.
How Injuries at Concert Venues Commonly Occur
Before you can file an injury claim, you must determine how your injuries occur, which helps determine liability, and it’s a vital step in the claim process.
For example, if you decided stage-diving was a good idea and ended up with a broken leg, you probably can’t file an injury claim. In this scenario, you’re decision to jump off of the stage is the reason you’re dealing with broken or fractured bones.
On the other hand, if the concert venue fails to control the number of visitors in the venue and overcrowding is the reason you’re injured, you may be able to receive compensation for your injuries. Here’s a look at some of the other ways injuries can occur at concert venues:
- Inadequate maintenance: If the venue has broken railings, poor lighting in hallways, or uneven flooring to name a few examples, you are at a greater risk of incurring an injury.
- Poor safety measures: Failing to provide a safe environment for concertgoers can fall under premises liability laws. These rules are typically governed by personal injury standards. Think of personal injury law as a large umbrella providing the framework for other types of claims. Poor safety measures can include failing to staff and train security personnel. Not having proper signage for emergency exits can also lead to injuries. Laws regarding safety in public spaces can vary by state, so it’s a good idea to check your local regulations if you’re planning on filing a personal injury claim.
The weather can also cause injuries, especially at outdoor concert events. High temperatures can cause dehydration and even heatstroke, which can be fatal. Strong winds can blow over equipment, injuring fans. You can also sustain injuries if the venue fails to control rowdy crowds. The onstage performer may even encourage rowdy behavior, increasing your chances of injury.
Who’s Liable for Your Injuries
Once you know how your injuries occurred, you can more easily determine liability. As we noted earlier, sometimes your injuries may not qualify for compensation under personal injury law, which typically applies when your behavior or actions are the reason for your injuries.
However, if you’re not responsible for the accident, several parties may be liable for your injuries. Your personal injury claim can also list more than one defendant. Sometimes more than one entity can be held liable.
Venue Owners
The owners of the venue must provide a safe environment, and this means ensuring that all hazards are resolved or warning signs are in place.
The venue owners can also be liable if they fail to implement adequate safety measures like crowd control. The Astroworld tragedy in 2021 is an example of venue owners failing to maintain a safe environment for concertgoers.
The lack of security allowed non-ticket holders to breach the barricades, resulting in overcrowding that led to injuries and unfortunately, multiple fatalities.
Event Organizers
Sometimes the property owner can do everything right but injuries still occur. The blame may land on the event organizers.
These are the individuals responsible for planning all aspects of the event. The concert organizers are responsible for providing adequate security, controlling crowd size, and ensuring all safety measures are in place.
If safety precautions are overlooked or ignored, the event organizers may be the liable party in your injury claim.
Security Companies
Even though event organizers and property owners have a responsibility to ensure all safety precautions are being followed, they may not be liable for all accident claims.
If the security company fails to train their personnel, they can be liable for your damages, and this can be especially true if the security company doesn’t disclose the lack of training to organizers or property owners.
Even though the law requires due diligence on the part of owners and organizers, the security company is still liable.
If you’re unsure what due diligence means to your injury claim. The property owner and event organizer have a duty to ensure the security company they hire has the training and staff necessary for the job. This can be an example of when your injury claim names multiple defendants.
The Performers
Holding a performer liable for injuries sustained at their concert isn’t easy. The Astroworld tragedy is an example.
The performer (Travis Scott) encouraged concertgoers to rush the stage, resulting in subsequent injuries and fatalities. However, a civil court found the performer isn’t liable for any damages. Instead, the blame falls on event organizers, the security company, and property owners.
With that being said, every personal injury claim is different. You can hold a performer liable if their actions are a contributing factor in the accident’s cause.
Government Entities
If the event is taking place on public property, owned by local, state, or federal government, you may be able to hold the entity liable for your injuries. However, state laws vary on this type of personal injury claim. For example, Georgia prohibits anyone from filing a civil claim against a city, county, or state entity.
However, the law doesn’t prohibit you from filing a claim against a government employee. You just can’t name the agency in your personal injury lawsuit. Before you file a claim against a government entity, it’s a good idea to talk to an attorney to learn more about your legal options.
Filing an Injury Claim Against a Concert Venue
Even determining liability can be complicated when your injuries occur at a concert venue. Is the security company responsible or the event organizer?
The answer typically depends on how your accident occurred, and this also isn’t always easy to figure out. Talk to an attorney about your injury claim and learn more about liability laws in your area.
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