SUMMER MUSIC

It’s summer time, and that means that concerts, festivals and fairs are in full swing. These events are a great way to enjoy time outside with friends and family. But large crowds full of excited people can create hazards.

MUSIC FESTIVAL INJURY STATISTICS

Attending these large events is associated with an increased risk of injury and, in extreme cases, death. 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.  

Festival safety measures have been under intense scrutiny since a crowd surge at rapper Travis Scott’s Astroworld Festival in November 2021 killed 10 concertgoers and injured hundreds; a Post investigation found that most of the victims at the Houston event were in one tightly packed area. There has been an increase in safety procedures implemented throughout the festival circuit, including instructing artists and their crew members on what to do in the event of an emergency, such as if they spot an incident unfolding from the stage.

LIABILITY

Concert organizers are responsible for ensuring a safe venue for concertgoers. They must hire security, emergency medical services, install crowd control measures, and create exit routes. For these reasons, most cases that involve an injury or injuries at concert venues place the legal responsibility on the organizer. The circumstances of a festival injury dictate which party (or parties) may be held liable. For example:

• If a stage collapse injures concert goers, the company that designed and set up the stage may be responsible.
• Electrocution due to exposed or faulty wiring of stage sets could be the fault of the production team.
• A sexual assault, violent attack, or mass shooting incident could be a negligent security issue.
• A drunk driving accident might be tracked back to not only the driver, but a vendor that served the alcohol to an obviously-intoxicated person.
• Trampling injuries might result from inadequate crowd control measures and exit routes. In the event of an emergency, there must be a plan in place to safely evacuate patrons.
• Trip and fall injuries may be attributable to event staff, or a lack thereof (e.g., there were not enough people hired to pick up trash).

Festivals are insured at many levels, including with special event insurance. Many venues require event organizers to carry this type of insurance to help pay for medical expenses if a guest is injured. Vendors and contractors may have their own liability insurance as well.

GEORGIA 2023 MUSIC FESTIVALS

Georgia hosts its share of music festivals. Two well-known concerts are coming up in September: Georgia Country Music Festival over Labor Day Weekend (Sept. 1-3) and Music Midtown (Sept. 16). Music Midtown was canceled last year due to a controversy over whether guns would be allowed into the concert venue. The Georgia legislature passed the “Safe Carry Protection Act” in 2014, which allowed gun owners to carry concealed weapons on public land. The same year, a gun rights group challenged the Atlanta Botanical Garden’s ban on guns. The Garden is in Piedmont Park, the same location as Music Midtown. The Georgia Supreme Court upheld the Garden’s gun ban in 2019, finding that long-term tenants on public land could ban guns if they wished. Short-term tenants such as Music Midtown were not afforded the same right. Fearful of the liability associated with guns being allowed on the premises, Live Nation opted to cancel the festival in 2022. Although there has been no change in Georgia’s gun laws, Music Midtown has already posted rules banning weapons at this year’s festival.

While guns add to the risks presented in mass gatherings such as concerts—particularly in light of the prevalence of drug and alcohol use—injuries and fatalities most often arise from stampedes, structural problems (e.g. stage collapsing), drunk driving, and other out-of-control crowd occurrences. Recently, members of the crowd are not the only people at risk: musicians have suffered injuries due to people in the audience throwing objects onto the stage and directly at them.  

CONTACT YOUR ATTORNEY

If you have been injured when attending a concert, festival or fair, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights. Dave Thomas is an attorney experienced in the recovery of medical costs, lost wages, and damages for pain and suffering associated with personal injuries.