Concertgoing – What Do I Do If I Get Injured?
Attending a concert - it’s something most people look forward to for months or even years! It could be a major highlight in a person’s life. But if you have the misfortune of suffering injuries whilst attending the concert, you should be aware of the legal implications.
While most concerts tend to be fun and safe overall, there are potential dangers that lurk. For example, we have all heard stories from all over the world about tragedies that have befallen concertgoers because of dangerous conditions at the venue. Last November, there were reports that attendees at Taylor Swift's concert in Rio De Janeiro were exposed to sweltering heat and dehydration as a result of not being provided easy access to water. Sadly, a young concertgoer died before the show began because of heat exhaustion and dehydration. This is just one tragic example of many where the organizer had not taken the necessary precautions to keep the audience safe. There have been many other scenarios where a person can suffer harm at a concert be it getting trampled by a crowd, injured in a mosh pit, or being assaulted by another attendee, etc.
So, if you do suffer serious harm at a concert, what do you have to consider? The first thing you should determine is how seriously injured you are.
Are your injuries long-term?
Were you hospitalized for a long time?
Did you lose time from work?
Have you permanently lost the ability to perform certain tasks or activities?
If you have suffered long-term injuries, then it may be worth your while to consider pursuing legal action - who do you sue? At a concert, there are a number of parties that could be found to be negligent such as:
The organizer (concert promoter)
Venue owner
The artist
Security
At Travis Scott's Astroworld concert in Houston in 2021, Travis Scott was sued by numerous concertgoers when hundreds were injured and ten people died as a result of unsafe conditions. In this case, Travis Scott was shown to have a flippant attitude towards the surging crowds and increasingly dangerous conditions unfolded on the grounds while he was performing on stage.
Under the Occupiers Liability Act, the owner/occupier has a duty to maintain a safe environment for people entering onto that property. Under the Act, the owner/occupier is not only defined by the property owner but also “a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises”. Hence this is why concert promoters, security companies, and even artists can fall under the definition of “occupier”. Considering this, you should be aware that premises can have multiple occupiers and can be at fault.
Although you may have been injured at a concert, it does not always mean that suing an occupier will result in compensation. In the 2020 case of Webster v. Inneractive Security Services Inc., 2020 ONSC 6957 (CanLII) a concertgoer was rendered a quadriplegic after being trampled by other attendees at a concert in Guelph. The Plaintiff’s argument was that the security contractor did an inadequate job of training their employees and demonstrated lackluster safety procedures. However, the judge found that in the context of negligence, the incident was not foreseeable by the defendant, and there was insufficient evidence that it created an objectively unreasonable risk of harm. Under the Occupiers’ Liability Act, the judge found the defendant had acted reasonably as there had been several security guards spread out around the venue. Hence, if a plaintiff proceeded with litigation, they would have to make a compelling case that at least one of the parties who constitutes an occupier fell below the standard of care.
One of the most important things to remember when going to a concert is to be safe, drink responsibly, be aware of your surroundings, and, of course, enjoy the music!
