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Noland Law Firm, LLC Legal Blog

Wednesday, April 24, 2019

Who is liable for injuries sustained at a concert?

No doubt singer Gwen Stefani probably regrets an invitation she reportedly made to her fans shortly after she opened a concert in North Carolina.

According to the negligence-based personal injury lawsuit filed against her and Live Nation, the pop star verbally “invited the audience to approach the stage”, allegedly causing a stampede that seriously injured the plaintiff. The pandemonium resulted in the plaintiff, who was a fan in the audience, “being trampled and forcibly pushed into the wall, causing a lateral tibial plateau fracture to her left leg” by the frenzied masses. 

The suit was reportedly dismissed against Live Nation before trial as the judge found that reasonable security measures had been put in place to protect fans and there was no reason to foresee the star would invite fans to move toward the stage. The star’s request for fans to return to their seats came too late for the victim. 

The doctrine of premises liability requires property owners and their managers to keep their property in safe condition so that invitees thereon do not get injured. A standard of “reasonableness under the circumstances” is used.

In a personal injury lawsuit, a victim who suffers a serious injury due to the negligent, reckless, or intentional actions or inactions of someone else, may be entitled to monetary damages if liability can be established. Victims can be awarded compensation for current and future medical expenses and lost income, pain and suffering, and more depending on the facts of each case. Punitive damages can sometimes be awarded, the judge in this particular case ruled that the victim cannot seek them. 

In ruling that the singer’s words weren’t speech protected by the First Amendment, the judge found that her “statement was intended to prompt action” and that she should have anticipated the reaction that occurred-- namely that thousands of people, many who were drinking would “descend toward the stage immediately” and that such a stampede would foreseeably injure somebody. 

If you or a loved one has been injured or a loved one has been killed at a concert or in any other accident that wasn’t their fault, the Noland Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation. 

From our offices in Liberty, Missouri, we represent injured people and their families throughout the Kansas City metropolitan area and western Missouri, including Clay County, Liberty, Blue Springs, Independence, and Gladstone.


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