Hablamos Español

Crowd Surfing Injury at Concert Leads to Legal Battle Related to Incurred or Assumed Risk

Concert Venue Injury Attorney

In the case of Wiley v. ESG Sec., Inc., plaintiff, Seth Wiley, was attending a concert in Indianapolis. The concert venue had an audio message repeatedly playing during the evening events advising patrons in part: “please note: moshing and crowd surfing is strictly prohibited. Due to the nature of moshing/crowd surfing, injuries can occur. Patrons who engage in moshing and/or crowd surfing do so at their own risk and are subject to rejection from the venue.”

Despite these warnings, Wiley, who was a minor at the time, engaged in crowd surfing. Wiley previously crowd surfed that night 3 or 4 times, all which came to an end when he was helped down to the ground by security at the front of the audience. On Wiley’s final crowd surfing attempt, however, security was busy somewhere else, and Wiley fell and was injured as a result when he reached the front of the audience.

Wiley sued the venue along with the security company for negligence and the defendant filed a motion for summary judgment arguing that it did not owe a duty to the plaintiff and that plaintiff had incurred the risk of his injuries. The trial court entered summary judgment denying the motion for summary judgment on the issue of duty but granted summary judgment on the issue of incurred risk and entered a final judgment in defendant’s favor. The plaintiff appealed.

The Court of Appeals noted that the plaintiff had designated evidence that defendant knew from prior experience with similar concerts that patrons would crowd surf despite written and audio warnings. Based on one defendant’s experience, it had recommended to the venue that two additional staff be positioned near the barricade at the front of the stage area that night. The Court of Appeals found that the record presented genuine issues of material fact as to whether the defendant assumed a duty of reasonable care to Wiley and those who crowd surfed at the concert.

The defendant argued that because Wiley knew the risks and engaged in the activity despite such knowledge, Wiley assumed the risk of his activities and any duty that was owed was negated. The Court of Appeals reviewed Martin v. Hayduk, 91 N.E.3d 601 (Ind. Ct. App. 2017) and explained that under the Comparative Fault Act, which defines “fault” to include “unreasonable assumption of risk not constituting an enforceable express consent” and “incurred risk,” an incurred risk cannot be a basis to find the absence of a duty, except in the case of a plaintiff’s express consent. Therefore, the Court of Appeals reversed the trial court’s summary judgment and remanded the matter for a jury to determine whether the defendant had assumed a duty and for resolution of several remaining issues.

If you or a loved one have been affected by an accident or death, contact an experienced personal injury attorney at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a free and confidential consultation.

Contact Us For a Free Consultation Fill out the form below to receive a free and confidential initial consultation.


    This site is protected by reCAPTCHA. Google’s Privacy Policy and Terms of Service apply.

    FAQs
    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

    Case Worth

    As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

    Why Hire?

    Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

    Medical Bills

    If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of Hurst Limontes LLC and learn if we may be able to help.

    Recovery

    After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney