Archive for the ‘Concert’ Category

Pass Interference – Woman Injured Chasing Frisbee Thrown From Stage; Claims Barred as a Matter of Law (MN)

November 2, 2015

Strelow v. Winona Steamboat Days Festival Association (Minnesota)
(not published)

Plaintiff attended a festival organized by the defendant.  During a break in the music, representatives from a local radio station went on stage and began throwing t-shirts and Frisbees from the stage.  The Frisbees had tickets to the local zoo attached to them.  Plaintiff gestured as if she wanted to catch a Frisbee and one of the people on stage threw one in her direction, but it veered off course.  Plaintiff took took four to six steps diagonally and slightly backwards with her arms in the air, trying to catch it.  However, plaintiff fell down, rolled against a curb, and fractured her shoulder.

Plaintiff and her husband filed a lawsuit against the defendant event organizer, alleging that defendant failed to maintain a safe area and failed to warn plaintiff of a hazardous condition on the premises.  Plaintiff contended that she fell as a result of tripping on electrical cords that were “black and rubbery” and “bigger than extension cords.”  She indicated that she did not know whether they were connected to anything, she said she did not see them before she fell, and she had not previously walked in the area of the incident.  Plaintiff was unable to find any witnesses to her fall.

Defendant filed a motion for summary judgment, asserting (1) no evidence of a dangerous condition caused by defendant existed, (2) any alleged dangerous condition was open and obvious, (3) the defendant did not owe the plaintiff a duty because it had no actual or constructive notice of the alleged condition, and (4) plaintiff’s claims were barred by primary assumption of risk.  The trial court granted defendant’s motion, finding that plaintiff “failed to establish a prima facie case of negligence because no evidence was presented that any cords ran over the blacktop” in the area of the incident.  Plaintiff appealed.


Encore – Triable Issues Regarding Fall From Concert Stage (CA)

March 11, 2015

Fazio v. Fairbanks (California)

In 2010, a musician fell off a stage and was injured while performing at a country club in San Diego, California.  He asserted a negligence against the country club, which filed a motion for summary judgment based on primary assumption of the risk (i.e., falling off a stage was an inherent risk for stage performers such that the club did not have a duty to protect the musician from that risk).  The trial court granted the club’s motion, and the musician appealed.  On appeal, the Court of Appeal confirmed that falling off a stage was an inherent risk for stage performers, but it reversed the trial court ruling, finding that a triable issue of material fact existed as to whether the condition of the stage (which included “significant gaps” along the sides due to its configuration) increased the risks and “posed a substantial risk of injury to the foreseeable user exercising due care.”