The concert industry is no different than any other when it comes to legal liabilities. As a concert promoter it is important to be prepared for and aware of liabilities in which you would be held accountable. Awareness of these issues will lessen your accountability and help to ensure that the artist, the venue, and especially the concertgoers are safe while enjoying the event.
When is comes to planning and promoting a concert it is important to think of everything that may go wrong. First off, take a look at where the event will be held. Will it be in a venue or outdoors? The liabilities are going to be very different between the two. When promoting a performance at a venue it is essential to think of things such as security personnel and an evacuation plan incase there is an incident. With an outdoor event not only do you have to worry about security and an evacuation plan, but you also have to be concerned about weather and the durability of the stage. This is a big issue that came up in the 2011 concert season. There were numerous outdoor stage collapses last year, but most notable was the collapse of the stage on which Sugarland was to perform at the Indiana State Fair. There were many contributing factors in the collapse of the stage, which killed 5 people and injured dozens that could have been prevented or at the least minimized.
Now, almost a year later, the stage builder, concert promoter, tour manager, fair officials and even Sugarland are facing legal liabilities. An article from ABC News Online reported last month that the construction of the stage was inadequate and the emergency plans were lacking. As a concert promoter, especially when dealing with outdoor events, the construction of the stage and an evacuation plan are extremely important to protect the safety of the fans as well as the artists. Had the organizers of the performance created a plan incase of adverse conditions they could have avoided the massive lawsuit that was filed against them on November 22 of last year.
As I stated previously, no matter if the event is indoors or outdoors it is important to have sufficient security on the premises. This will not only protect the artists performing, but also ensure the fans are safe. There have been numerous incidents in the past where unruly crowds have taken over concerts. One in particular that comes to mind is a teen from Boston who was injured during a Tim McGraw concert last July. There are not many details on the event, but according to witnesses the teen was attacked by at least 2 men at the concert. I’m unsure if there was a criminal case or a civil lawsuit filed, but as a promoter it is important to understand that if an incident like this happens at your event you could be held liable. When dealing with crowds, having enough security to isolate an incident and prevent any injuries or damage is a necessity.
In addition to the fans becoming unruly, you also have to be ready incase your artists become unruly. Many artists and bands like to participate in crowd surfing, which could end up as a lawsuit to the artist, the venue, and the promoter. If you do not take the proper precautions when it comes to security and safety, you very well could end up like the promoters who were served a lawsuit after Akon dove into a crowd during the B96 Summer Bash in Chicago. Akon was not listed in this particular suit, however, the radio station sponsoring the event, the village where it was hosted, the security company, the venue and the promoter were all accused of being neglectful for not responding to the situation and not setting up proper safety measures.
The most important thing to remember is that as a promoter, you’re responsible for the safety of the people at the event. Promoters need to work hand in hand with the venue and artists to make sure that the site is secure and that everyone involved is focused on a safe and successful event. You can never plan too much. Work with your team to brainstorm and create a risk management plan. Share the risk management plan with the venue and artists so that everyone is on the same page in case of an emergency. In the long run this could save you time and money, and help you avoid a lawsuit.
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