Friday, May 30, 2014

UPDATE! Mosh Pit Settlement

Florida Legal Business Review, Staff Writer
Below is an update to the "Mosh Pit" law suit filed by Lipcon & Lipcon
 “Steven” (a minor, who’s name is protected due to his age) said he and his cousin went to Miami’s Bayfront Park last Summer for an afternoon of listening to music. In fact, it was “Steven’s” first concert, ever. When he arrived at the “Warped Tour” show, things started out nicely and calmly. “Steven”, being timid and small (standing 5’7” tall and weighing a mere 100 pounds) kept to himself and stayed in the background, choosing not to mix too much with the crowd that was getting rowdier and more unruly as the show went on. Maybe it was the July heat, or simply the music, but things slowly, yet surely, got out of control. It began with the bottle fights, then the crowd surfing and eventually the mosh pits. It all happened so quickly.
The then-17-year-old music lover couldn't escape the crowd that he said attacked him, grabbing him from behind, picking him up and throwing him into the phenomenon known as the “mosh pit.” Unfortunately for “Steven”, when he was picked up and thrown into the crowd, nobody bothered to catch him. He landed violently on the ground. He was trampled on top of it. He never stood a chance.
He suffered multiple broken bones, including fractures of both his shoulders, and had to undergo surgery to repair the damage.
A lawsuit was filed by his attorney, David W. Lipcon, against the concert promoter, Live Nation, and the company hired to provide security/crowd control at the show. Lipcon alleges that the crowd became so unruly and wild, that these spontaneous “mosh pits” formed. In fact, Lipcon says, “the mosh pits and crowd surfing are encouraged by the promoter; it’s part of the concert’s allure. The Warped Tour has a well documented history of allowing its crowd to get out of control. Excessive drinking is commonplace. My client was there simply to hear the music and enjoy himself. He was a child. He never expected to be assaulted by the concert goers.”

The case was settled before trial, after contested litigation for a confidential amount.  Lipcon could not say the exact settlement amount but assured us that it was enough money to compensate the victim for his injuries, pain and suffering for the rest of his life, as well as to deter this type of conduct in the future. 

The case was filed in the Circuit Court of Miami-Dade County (Judge Victoria S. Sigler).

No comments:

Post a Comment