When you go to a concert, the last thing you are thinking about is what happens should you be injured during the show. Unfortunately, concert injuries are not that uncommon. Many things can go wrong and lead to injuries—everything from slip and falls and crowd control issues to explosions and fires. Recovering compensation from concert injuries can be complicated. First, you need to figure out who is at fault, and liability depends on your individual case circumstances.
After a long hiatus on public events and gatherings, more artists are resuming tours and scheduling concerts all around the country, including Colorado. People are anxious to go out again, which means many of these shows are packed with excited concertgoers. If you sustained injuries at a concert in Colorado, contact the personal injury lawyers at Gerash Steiner Blanton, P.C. Our firm has decades of experience litigating personal injury accidents. Let us assist you in pursuing a concert injuries claim.
Who Is Liable for Concert Injuries?
Determining who is liable for your injuries depends on the circumstances of your accident. There are instances where the concert venue, promoters, organizers, security company, or even the talent may be liable. In general, injuries sustained at a concert fall under premises liability law. Under premises liability laws, property owners are responsible for conditions on their property that could pose a risk to people visiting, shopping, or otherwise using services offered. The critical element with premises liability is whether the property owner knew the hazard existed and had time to correct it.
Here’s a look at some potential premises liability scenarios that could lead someone to file a concert injuries lawsuit.
Slip and Fall Accidents
Did you slip and fall at a concert venue? What was the hazard that led to your fall? In some situations, the venue might be liable if they had a hazardous condition that should’ve been fixed. Perhaps there was a faulty railing that they were notified of six months ago. If you slipped and fell because another concert goer slammed into you while walking to the bathroom, that might be considered an inherent risk of attending a concert. However, if the row of seats you were sitting in suddenly collapsed because they failed to repair it earlier, the venue may be willing to discuss a concert injuries settlement.
Criminal Assault or Out-of-Control Crowds
If you suffered a criminal assault at a concert venue or got trampled by out-of-control crowds, there may be grounds for a negligent or inadequate security claim. The pandemic has caused a lot of businesses to cut corners. One area some concert organizers might skimp on is security. When concert organizers don’t hire adequate security, things can go awry quickly. A lack of protection can lead to criminal acts and subsequent concert injuries.
Another potential risk is a rowdy crowd. We have all read stories about concert injuries and deaths caused by unruly crowds rushing the stage or starting riots. Most recently, the lack of proper security and medical personnel at the Astroworld Festival in Houston contributed to ten deaths and hundreds of injuries. The ten fatalities were due to “compression asphyxia,” which occurred when people rushed the outdoor stage. And now, a congressional panel will investigate the promoter of this event to determine the roles and responsibilities for Astroworld.
Assessing fire hazards is crucial if a venue hosts a performer using pyrotechnics. One hundred people died in The Station nightclub fire back in 2003. Pyrotechnics used in the show ignited flammable acoustic foam in the ceilings and walls around the stage. Flashover happened within a minute, which led to all combustible materials going up in flames. It was impossible to escape, and blocked exits further complicated evacuation efforts. This fire was one of the deadliest nightclub fires.
In a situation like this, one of the things insurance companies look at is who gave permission. In The Station nightclub fire, the club said they never granted permission to use pyrotechnics, and the band said they obtained authorization. Not having the required sprinkler system only made the situation more tragic. Many of the deaths might’ve been avoided if there had been a proper sprinkler system.
Many of these claims are very complicated to resolve. Some liability issues may not be resolved unless you file a concert injuries lawsuit first.
Assumption of Risk Liability Waivers
Colorado generally allows liability waivers, whether they are specifically signed or verbiage is added to the back of your ticket. In general, you assume certain risks by going to a concert. Is the show outdoors? If so, the weather is an added problem you must contend with during the concert.
If you slip and fall in the rain, you may not have a negligence claim. If you are standing near a mosh pit and you get hit, that may also be on you because you knowingly chose to stay near the mosh pit.
Climbing onto a bar and dancing at a concert in a small venue may also be hard to argue. Someone who climbs up on a bar is not behaving like you would expect patrons to behave. If the person slips and falls off because they are drunk, placing liability on the venue may prove difficult.
Can You Make a Concert Injuries Claim for Contracting COVID-19?
One of the significant discussions in the music world is how to account for liability when a concertgoer contracts COVID-19 at a show. Like other “assumption of risk” clauses and liability waivers, you may be out of luck when it comes to bringing a concert injuries lawsuit for COVID-19 related issues. You knowingly assumed the risk of attending a large gathering where other people could be infected. This scenario is precisely what these liability waivers are meant to protect venues and organizers from.
Contact a Colorado Premises Liability Lawyer
Determining the liable parties for concert injuries is very complicated in most situations. If you sustained injuries at a concert in Colorado, you need to speak with an experienced Colorado premises liability lawyer right away. At Gerash Steiner Blanton, we have over 100 years of combined experience handling personal injury claims in Colorado. We understand the complex nature of these types of cases. When you meet with us, we will go over all the details of your injuries and advise you on what we believe to be the best course of legal action.
Don’t attempt to pursue a claim for concert-related injuries on your own. You will present a claim to large companies with high-paid legal teams. It would be best if you had a legal advocate looking out for your rights and someone who will negotiate the highest concert injuries settlement possible. If you sustained injuries at a concert, let the skilled team at Gerash Steiner Blanton assist you. Contact our office today to schedule an initial consultation. We will review your case and help you determine who the liable parties are in your individual claim.