OUTDOOR CONCERTS CAN BE ANYTHING BUT FUN

Spring is here, and so is the outdoor concert season. Last weekend, California hosted Coachella, the internationally famous music festival that draws performers and patrons from all over the world. According to Billboard.com , 32 million people attend at least one U.S. music festival each year. While big events like Coachella, Bonnaroo, Lollapalooza, and SXSW draw the biggest crowds and the biggest acts, there are many smaller, local events across the country. Worldwide, nearly 70,000 people suffered significant injury and 232 people died at approximately 300 outdoor music concerts held over a 10-year period, one study found.

Travis Scott’s outdoor concert in Houston in November 2021 is a perfect example of what can go devastatingly wrong at these events. At least eight people were killed and 300 were injured during Scott’s set as the crowd of about 50,000 surged toward the stage. Concertgoers were crowded and trampled in the chaos, and witnesses described gasping for air or giving CPR to victims who’d fallen unconscious. Scott has a history of violence and injuries at his concerts: in 2017 after a show in Rogers, Arkansas, he was charged with inciting a riot, disorderly conduct and endangering the welfare of a minor. Police said Scott “encouraged people to rush the stage and bypass the security protocols,” which resulted in injuries.

Violent mosh pits and chaotic crowds were first features of the ’80s punk scene, when fans, usually male, would thrash and collide to heavy metal and hardcore grunge. That same atmosphere has since been cultivated by rap stars like Scott and his contemporaries, including Tyler, the Creator and Playboi Carti. Other factors such as: alcohol and drug use; slick surfaces from rain, mud or spills; poor design of concert venues that can lead to stampedes, blocked exits, crowding; bad traffic flow patterns at ingress/egress points which can lead to vehicle accidents; and an overall lack of crowd control can all cause severe injury and death.

NOTICE AND LIABILITY

There are often warning signs that outdoor concerts will get out of hand. In the Travis Scott example, Scott’s concerts were known to have crowd control issues, and Scott himself had been charged with inciting a riot in a previous incident. The performance venue for Scott's concert had a show canceled the week before Scott’s event due to fear of a mass casualty event occurring. When venues have notice that either the scheduled performers or the planned level of security is problematic, the organizers, performers and venue can be held liable for injuries. These parties are responsible for the welfare of all attendees and the neglect of their duty of care is both unethical and illegal. When an event promoter decides to host a festival, they must do whatever is necessary to protect the safety of concertgoers. From making sure that there are no obstructions that people can trip over to ensuring food safety to making sure that there are sufficient security officials to respond to emergencies and handle unruly patrons, there are many different things that festival organizers must do to ensure the safety of their patrons.

The legal duty of concert promoters and organizers to protect attendees can extend to liability for the actions of third parties. For example, if an unruly concertgoer assaults another concertgoer and causes injury, the promoter and organizer can be responsible if they failed to hire enough security personnel to timely intervene; if they served alcohol in a negligent manner; or, as in the case of Travis Scott, if they hired performers that encouraged violence.

In another example, when a concertgoer trips over trash or other obstacles, even though the promoter or organizer might not have dropped the trash or placed the obstacle that caused injury, they can still be liable if they did not employ enough personnel to keep the area clean and free of hazards. In some cases, even the lack of trash receptacles for proper disposal of garbage can show negligence.

Even if a concertgoer’s injury is partly due to their own negligence, they can still recover damages so long as their contribution to the injury is less than that of the other responsible party. Georgia has a comparative fault scheme, which means that if the plaintiff in a negligence action is less than 50% responsible for their injury, they can recover damages; the amount of recovery is offset by the amount of fault.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured at a concert or festival, contact Dave Thomas at The Thomas Law Firm for a free consultation about your legal rights.