When seeing a music artist or band in concert, the last thing on your mind is the likelihood of getting injured while grooving to your favorite tunes. However, just like in professional sports games and amusement parks, you accept certain risks when you enter the music arena.
When you purchase a concert ticket, you essentially sign a waiver agreeing to accept potential dangers that come with the chance to see your favorite band live. However, there are certain instances that are not protected under the assumption of risk principle, and you may be able to request compensation from the concert promoter, venue, or even the artist for your injuries.
Not covered under assumption of risk:
Any injury that could have been foreseen by a concert attendee is not fair game for a lawsuit. Therefore, if you are injured because you chose to join the mosh pit, no one is responsible for your injury but yourself. However, some unforeseen injuries are a result of someone else’s negligence. Some include:
- slip and falls for wet/malfunctioning fixtures
- physical assaults, including parking lots
- injuries resulting from insufficient security
- failing guardrails
- thrown objects
- falls from heightened floors/balconies
- improperly installed fixtures
There have been some recent cases of concert fans filing lawsuits for the injuries they suffered during the show.
- Blue Man Group. A San Francisco man filed a lawsuit against the music and comedy group, the venue and its owner, and the Blue Man Group’s tour management company, for injuries resulting from a ball being thrown from the stage. He claimed that the ball was thrown at a fast speed, without warning that caused $40,000 in medical expenses for “shock and injury to his nervous system…great mental, physical, and nervous pain and suffering and loss of past and future wages.” This was not the group’s first offense. A prior lawsuit was filed when a man claimed a camera was forced down his throat by one of the blue men.
- KISS. Because the band KISS is known for outrageous face paint, flowing locks, towering platforms, and tight leather outfits, the band it forced to match its shocking appearance with unsurpassing pyrotechnics and special effects in concert. With these overwhelming special effects comes the likelihood that something could go wrong. A man filed a lawsuit against the concert promoter and the company that installed the special effect machines when he was struck by a canon that was not properly attached in place.
- Akon. A lawsuit was filed when the music artist’s in-concert action caused the crowd to become extremely rowdy, eventually leading to the claimant’s fall. Surprisingly, however, Akon was never directly sued, but the venue, the security company, and the town in which the concert was held were all named responsible in the lawsuit. Maybe this fan was just too loyal to Akon to blame his actions for her injury.
- Sugarland. In this especially sad case, the country duo was sued when a stage collapsed at their concert held at the Indiana State Fair. The collapse killed seven people and injured more than forty when a gust of wind caused the stage to topple. The lawsuit also blamed Sugarland’s tour manager for continuing with the show despite being warned of the dangerous weather conditions.
Kristen Valek blogs for Alamo Injury Attorneys, a law firm in San Antonio, Texas that specializes in personal injury law. Kristen is glad she has never been injured at a concert.