Liability for Injuries at Concert Venues

 Posted on March 25, 2019 in Personal Injury

From Lollapalooza and South-By-Southwest to Madison Square Garden and Carnegie Hall, the United States is filled with venues used for hosting musical and other performing arts events. Throughout the year, people flock to these venues to catch the latest and greatest top performers. Having a large gathering of persons in a venue can, unfortunately, lead to injury for some, including some that are severe or even deadly. If this occurs, retaining the services of an experienced premises liability attorney can be crucial to receiving compensation for costs relating to one’s injuries.

Unfortunately, due to the law at the time, a Springfield man was able to only recover the legal maximum of $100,000 (a year later the law was amended to allow a recovery of up to $2 million) as a result of injuries he suffered from a 25 foot fall at the Sangamon Auditorium on the campus of the University of Illinois at Springfield, which occurred as the man was actually trying to save another concertgoer who suffered fatal injuries.

Premises Liability

The phrase “premises liability” refers to the body of law which governs who is responsible for the costs associated with an individual’s injuries while on a property. Although the most common types of injuries in these cases are slips, trips, or falls, injuries can occur any number of ways – such as dog bites, swimming pool accidents, fires, entrapment (such as falling down a hole or suffering ground collapse), and exposure to toxic gases or chemicals.

To succeed in a premises liability matter, an injured plaintiff must prove the following elements:

• The property owner was aware of the existence of a dangerous condition, or should have known of the existence of such a condition;
• The property owner failed to correct the condition or failed to warn of the condition;
• The plaintiff was injured as a direct result of the dangerous condition; and
• The injuries suffered by the plaintiff are quantifiable as damages.

In premises liability, the duty of the property owner to correct or warn does depend on the categorization of the plaintiff as an invitee/licensee, or a trespasser (in Illinois, invitees and licensees are treated equally). In the context of venues, the majority of individuals who could get injured would be invitees/licensees, and property owners must provide a high standard of care to all these individuals to fix any known problems or warn guests about unsafe conditions which could cause injury.

Premises Liability at Performing Arts Venues

As stated above, venue owners have a duty to keep patrons safe. This includes ensuring that there are no obstructions over which patrons could trip, ensuring food providers are operating within safety parameters, ensuring sufficient security is present, and ensuring adequate medical care is available, among others.

The failure to provide for the safety of a visitor to a venue can make the property owner liable for the damages caused as a result of any injury. In most cases, it is relatively easy to show that the venue owner failed in its duty to correct a dangerous condition or in warning of the condition. However, in some cases, it becomes a bit complex. For example, if one patron physically assaults another patron, it may appear that the venue owner cannot be held responsible. However, if it could be proven that the venue served too much alcohol to the aggressor, or did not provide enough security, there may be possible liability for the venue owner, and speaking to an experienced attorney can determine if this could be the case.

Contact an Illinois Personal Injury Attorney

If you suffered an injury while at a concert, contact an experienced personal injury attorney as soon as possible. The dedicated DuPage County personal injury attorneys at Mevorah & Giglio Law Offices have years of experience in premises liability matters. If your injury was preventable and likely attributable to the venue owner, we will work to ensure that you get the maximum compensation possible. Contact the personal injury firm at 630-932-9100 for a free consultation.

Sources:

https://www.sj-r.com/news/20190119/pain-frustration-remain-for-man-who-survived-sangamon-auditorium-fallhttps:/www.sj-r.com/news/20190119/pain-frustration-remain-for-man-who-survived-sangamon-auditorium-fall

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57