I Was at a Concert and Was Hurt by Something That the Singer Threw into the Crowd. Can I Sue the Band?
Concerts can get a little crazy. The music is loud, the crowd is excited, and singers can get a little out of control. While you expect a band to get a bit wild, you should certainly never go to a concert and get injured. If a singer throws something into the crowd while a concert is going on, it’s only reasonable to assume that someone could get hurt. That singer’s actions can have a big impact on your life, especially if you are the person who is injured. What happens next, though, requires that you know a little about the law and what goes into bringing a successful suit.
A Quick Note on Waivers
When you bought your ticket for the concert, there was probably a bit of fine print on the back of the ticket that you didn’t read. In this case, that fine print could probably be summarized as an agreement that the facility wouldn’t be held responsible for anything that happened to you during the concert. This is, for the most part, nothing more than a scare tactic. You are well within your rights to bring a suit against the concert venue in certain cases – so don’t be scared off by the legal boilerplate!
You may, however, need to talk to a lawyer to get any traction. It’s very likely that the facility will point towards that language as a reason not to work with you towards some kind of amicable resolution. Remember, it’s very difficult to actually sign away your rights to damages incurred, especially if you aren’t receiving any kind of reasonable compensation for doing so. If you were actually injured by something that happened during a concert, it’s only reasonable that you should be able to avail yourself of the solutions offered by the law. Don’t just take the venue’s word for what will happen next. It is in their best interest to keep you from moving forward.
It’s also a good idea to note that a band can’t require you to sign a waiver that indemnifies you from harm. The band has a similar duty to care as the venue, so you’ll also have the option to bring your suit against the band. In most cases, a good attorney will look at the facts of the potential case and help you to decide against which parties you should bring your lawsuit.
Was it Reasonable or Purposeful?
Now that you know you can bring a lawsuit, it’s time to take a look at the actions that led to your injury. The singer threw something off of the stage. On its face, that seems like a dangerous action that almost certainly would lead to a lawsuit. In some situations, though, this might not be the case. You need to know first if the singer was throwing the item on purpose, and second if what was done was reasonable.
The first is probably the easiest to determine. If the singer took aim with an item and threw it, it’s probably easy to prove that he or she was trying to throw that object. If the singer was twirling a microphone and the cord broke, though, it’s hard to show any intent to injure you. That might not stop a lawsuit, but that might move the injury into a category that is less likely to get you any type of compensation.
It’s also important to know what the singer threw. It’s entirely possible for a singer to throw something at the crowd and for that act to be reasonable. If the singer threw a soft foam toy, for example, it’s hard to see how he or she could be aware of the fact that it could cause an injury. If the singer threw a glass bottle, though, it’s much easier to see how the act could cause harm.
Did You Expect It?
Having foreknowledge of a potentially dangerous situation isn’t always enough to deter a successful suit, but it is something that can make it harder for the jury or for the court to see why you need compensation. If you went to a concert where the singer was known for throwing things at the crowd and you were warned that injuries might happen, it will be harder for your suit to succeed.
The one thing that will really cause you trouble is if you threw yourself in harm’s way. If the singer threw a water bottle off the side of the stage and you leaped to catch it, there’s not a good chance that the singer or venue would be found liable for your injuries. If you were the main cause of the problem, you shouldn’t expect much help.
What Was the Injury and How Was It Handled?
Finally, you’ll need to look at the injury. If the injury was a small scratch that immediately faded, you won’t have any luck in court. If the injury was a major issue that required you to get surgery or miss work, though, there’s a very good chance that you are due some kind of compensation from either the singer, the venue, or from both parties. The type of injury, its severity, and its overall impact will play a huge role in what happens next.
You should also take a look at how the venue handled the incident. If they have already offered you reasonable compensation and have paid for your medical bills, there’s a good chance that you shouldn’t expect anything else. If your injury was ignored or the venue took steps to make things worse, that’s probably when you should start looking at bringing a suit. While it’s possible that the venue will be responsible for taking care of your injuries later, those venues that make moves to take care of injured patrons are usually less likely to have harsh punishments imposed upon them.
If you were at a concert and were injured by something throw by the singer, you may have a case against either the singer, the band, the venue, or all three. Figuring out what is supposed to happen next is difficult, though, especially if you don’t work with the right attorney. You are looking at a lot of different variables here as well as the possibility of dealing with defendants who have significant legal representation. If you want to bring a suit, be prepared to work with a good attorney to either get a reasonable settlement or to fight for what compensation you are due.