Florida Legal Business Review, Staff Writer
July 20, 2010
“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 last week 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 will be heard in front of Judge Victoria S. Sigler, in the Circuit Court of Miami-Dade County.
thats actualy pretty lame at 17 he should be well informed of mosh pits at shows even if its his first. all it takes is one person to ruin everyone eleses fun as the saying goes.
ReplyDeleteCan you provide us with an update of the proceedings? I am interested to know what has been done by both sides.
ReplyDeleteI, with the rest of my "Into to Law" class are arguing a scenario involving a mosh pit. I would also be interested in knowing how this case turned out, if indeed it has. Isn't there an assumption of risk when standing in close proximity of the pit? I wish you luck on this case.
ReplyDeleteThis is an idiotic form of dancing. See this case we recently filed against
ReplyDeletekevin Lyman, Attack, Attack and others..http://www.prweb.com/releases/2011/2/prweb8118864.htm
Keep up the good work David ..this B.S. "dancing" is dangerous...period
Thanks, Neal. Trial is set to start next month. I'll keep you posted!
ReplyDelete