More Outdoor Concert Woes- The Aftermath

Lee Douglas

Sophomore
Jan 15, 2011
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16
Northwest
You know that weather claus that we all insist on having in our contracts, that all too often doesn't get exercised when it should be? This will set a hell of a precedent for future litigation if the plantiffs win. I wonder if the usual verbage on each admission ticket will be sufficient to quash the suit or at least make it a wash.

http://www.cnn.com/2011/11/23/showbiz/sugarland-lawsuit/index.html

From the article:
"The lawsuit, which comprises 48 plaintiffs, contends that the band "failed or refused to cancel the Sugarland concert despite inclement weather" and that it had "ultimate control over the lighting" that fell on many of the victims."
 
Re: More Outdoor Concert Woes- The Aftermath

You know that weather claus that we all insist on having in our contracts, that all too often doesn't get exercised when it should be? This will set a hell of a precedent for future litigation if the plantiffs win. I wonder if the usual verbage on each admission ticket will be sufficient to quash the suit or at least make it a wash.

http://www.cnn.com/2011/11/23/showbiz/sugarland-lawsuit/index.html

From the article:
"The lawsuit, which comprises 48 plaintiffs, contends that the band "failed or refused to cancel the Sugarland concert despite inclement weather" and that it had "ultimate control over the lighting" that fell on many of the victims."

I guess there would be a lot of cancelled shows if they were cancelled a couple of hours ahead of time because of the possibility of heavy rain and wind.

I feel for the people that got hurt, but there is a lot going on for a show that size, and the band is not really in control. If they said "no show", then the reputation would get out and nobody would hire them for outdoor shows because they might cancel when it wasn't needed.

That is just my take on it. I'm sure others will dissagree.

It will be interesting to see what impact this has.
 
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They're trying every option to get more money on this.

The state of Indiana has a max limit on the states liability on per occurrence liability.
The state said they would pay that (maximum) amount and no more, so the lawyers are going after everyone within 5 miles of the incident.

I don't have an issue with people that died or got seriously hurt getting settlements.

What is unpalatable is the people that weren't hurt that are suing for psychological trauma.
All they're doing is being incredibly greedy and hurting the chances of the real victims to get a settlement.
 
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Another reason to hate trial lawyers.Let's sue everyone and see what we can get. Remember the Great White Fire where trial lawyers included JBL because they made the speakers and the bus company that brought the band to the venue.
 
Re: More Outdoor Concert Woes- The Aftermath

Another reason to hate trial lawyers.Let's sue everyone and see what we can get. Remember the Great White Fire where trial lawyers included JBL because they made the speakers and the bus company that brought the band to the venue.
I'm surprised that they didn't go after the last place the bus filled up at. If they had not sold them diesel, the band would not be able to get to the venue, and those people would not have died.
 
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Another reason to hate trial lawyers.Let's sue everyone and see what we can get. Remember the Great White Fire where trial lawyers included JBL because they made the speakers and the bus company that brought the band to the venue.

It's sort of like the war... "kill 'em all, let god sort 'em out." Trial lawyers, by themselves, did not create the concept of shared liability nor do trial lawyers assign those liabilities. Your disdain is misplaced as it is judge and/or jury who make these determinations.

While I disagree with Harman's choice to settle, it cost them less than defending themselves in a hostile jurisdiction. Such are choices in business.

Have fun, happy holidays.

Tim Mc
 
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I'm surprised that they didn't go after the last place the bus filled up at. If they had not sold them diesel, the band would not be able to get to the venue, and those people would not have died.

I suspect the coach company was named because they transported the pyro devices, most likely in violation of DOT haz-mat regs. Had they not transported the pyro, those 100 folks *might* not have died.
 
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I suspect the coach company was named because they transported the pyro devices, most likely in violation of DOT haz-mat regs.

Were the coach company even aware that they were transporting the pyro? Do drivers now need to search everyone's luggage in case someone has decided to smuggle some pyro on tour with them?
 
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I have little sympathy for over reaching lawsuits, while this is somewhat a cultural issue, it is also amplified by ambulance chasers who can receive a disproportionate reward from going after deep pockets with the slightest justification.

Bad behavior needs to be discouraged, but life can not be made completely lossless. Stuff happens and we need to sometimes live with even the bad hand that life occasionally deals.

There are many unintended consequences and extra costs imposed on all of us, associated with our litigious culture.

I favor some push back against that practice, that increases our costs in many areas of modern life. It seems this is teeing up to be yet one more example of that.

JR
 
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All USA commercial drivers are legally responsible for their cargo, it's their JOB to know what is in their truck or bus trailer. I took no position on the validity of the claim, but merely to show that the coach company had more potential liability than JBL. Also, the potential violations would probably be limited to the "Placard" on the trailer as small quantities of commercial pyro can be transported legally with most common consumer or industrial goods. From a lawsuit standpoint, though, this is still reaching.

Perhaps more to the point in the Indiana State Fair situation is that Indiana has a cap on damage awards from the State's negligence. This encourages plaintiffs to name as many defendants as they can, to ensure a sufficient pool of possible damage awards. It's easy to be an armchair quarterback and say "we need to limit tort case awards" when one hasn't lost a loved one or sustained disabling injuries. I wonder how many 'tort reformers' are now plaintiffs in a variety of cases.

I still think that regardless of the robustness of the roof system, the primary cause of death and injury in this case was the Fair officials not cancelling the performance and clearing the area immediately around the stage. Other possible causes of the roof failure (insufficient design factor, incorrect or incomplete assembly, compromised components of the structure...) come into play regarding the actual collapse of the structure, but had there been no workers in the rigging or on the deck, had there been no audience in the "SugarPit", then nobody would have died or been injured in the manner we witnessed.

Discuss at will, but remember that there were a number of empty seats at Thanksgiving dinner yesterday. And ultimately, that's what this is about.
 
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Commenting on what JR said, this is also a cultural thing: Here, it's also a passenger's responsability to not carry something onto a bus that might explode. It surprises me that this would be different in the US, after all, there is a reason you have to sign your name to the fact that you have packed your own luggage when flying.
 
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Perhaps more to the point in the Indiana State Fair situation is that Indiana has a cap on damage awards from the State's negligence. This encourages plaintiffs to name as many defendants as they can, to ensure a sufficient pool of possible damage awards. It's easy to be an armchair quarterback and say "we need to limit tort case awards" when one hasn't lost a loved one or sustained disabling injuries. I wonder how many 'tort reformers' are now plaintiffs in a variety of cases.



Discuss at will, but remember that there were a number of empty seats at Thanksgiving dinner yesterday. And ultimately, that's what this is about.

No,it's not about those empty seats at the Thanksgiving table.I feel sorry for the families and their loss.But just because someone dies,doesn't mean that we take money from someone that had nothing to do with the tradgey. And Sugarland had nothing to do with it. And they should not have to pay because Indiana law limits the states liability.In Pennsylvania, our legislature recently passed what was called the Fair Share Act. Before,if you were found to be 20% liable in a case,but the person/company that was found to be 80% liable had no money,then you had to pay 100%.This was wrong and now has been corrected. No one should be liable for a loss that they did not cause.
 
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No,it's not about those empty seats at the Thanksgiving table.I feel sorry for the families and their loss.But just because someone dies,doesn't mean that we take money from someone that had nothing to do with the tradgey. And Sugarland had nothing to do with it. And they should not have to pay because Indiana law limits the states liability.In Pennsylvania, our legislature recently passed what was called the Fair Share Act. Before,if you were found to be 20% liable in a case,but the person/company that was found to be 80% liable had no money,then you had to pay 100%.This was wrong and now has been corrected. No one should be liable for a loss that they did not cause.

1. I think the surviving family members would disagree with you.
2. I don't think Sugarland is directly responsible for the decisions of others. OTOH, the argument from plaintiff's counsel is that if Sugarland had refused to perform and made that decision, say 30 minutes earlier, the likelihood of deaths and injuries would be greatly lessened. Does that make them responsible? I don't know, and I'm not taking a side.
 
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So Cheap Trick will no longer book outdoor shows?

I read that in a press release article that was mainly talking about a restaurant/club they were going to open in downtown
Chicago. Later in the article it went on to mention the outdoor shows. I took it to mean just temporary staging festivals, fairs etc. with permanent outdoor pavilion type staging as still OK to book.

While looking for that article again I found these:
http://www.wmgk.com/music/news/story.aspx?ID=1551410

http://kzok.radio.com/2011/08/15/why-are-all-the-outdoor-stages-falling-down/

http://www.huffingtonpost.com/mobileweb/2011/11/11/cheap-trick-music-venue-m_n_1088119.html
 
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I guess I'm not too surprised by Cheap Trick's stance on this and would expect more artists to follow suit. And if insuring an event in a temporary structure, the definition of which will have to evolve many times before they get it right, becomes prohibitively expensive they may not get a choice. What I find ironic about the situation is that these are engineered solutions that are catastophically failing and not the tent pole and terrestrial antenna truss covered in quilts nightmares or the speakers on eyehooks, chains and bunjee cords terrors in churches and bars that we typically see so many examples of posted. I guess it could just be the magnitude of the failure or at least the newsworthiness. Part of me likes Rick's idea of requiring these structures to be inspected by a third party entity like many others. But in the end it's another set of eyes scrutinizing the structure (which is always good) and, becauses it's no doubt a local govenment deal, a fee with no liability on the inpectors or the entity they represent.
 
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I guess I'm not too surprised by Cheap Trick's stance on this and would expect more artists to follow suit. And if insuring an event in a temporary structure, the definition of which will have to evolve many times before they get it right, becomes prohibitively expensive they may not get a choice. What I find ironic about the situation is that these are engineered solutions that are catastophically failing and not the tent pole and terrestrial antenna truss covered in quilts nightmares or the speakers on eyehooks, chains and bunjee cords terrors in churches and bars that we typically see so many examples of posted. I guess it could just be the magnitude of the failure or at least the newsworthiness. Part of me likes Rick's idea of requiring these structures to be inspected by a third party entity like many others. But in the end it's another set of eyes scrutinizing the structure (which is always good) and, becauses it's no doubt a local govenment deal, a fee with no liability on the inpectors or the entity they represent.
And then we run into the whole "who is going to pay for this?" The promoter? The sound provider?

What happens when a stage is setup-show time is say 5 hrs away-and the inspector is not happy with the rigging-and there is nothing the provider can do to fix it to his satisfaction? Is the show cancelled? Now who pays?

I have seen fire marshalls do some crazy stuff and not pass inspection. If somebody has pissed off the fire marshall, he can do pretty much anything. In an install, there is time to fix it, but in a same day show, there often is not.

It just depends on how much pull somebody has. In a local case at a church, the fire marshall would not let the building pass because he didn't like the way the drive through was attached to the main structure. This was a school entrance and not the main sanc.

The pastor said they were going to have church anyway and the fire marshall said he would shut down the power. So the Pastor said they would simply have church out in the parking lot (which was not part of the new addition). The Pastor said he would publicly call out the fire marshall by name during the service-tell where he lived etc and the reason that he would not pass inspection and so forth.

The fire marshall passed the inspection. There was nothing wrong anyway-he had been ticked off by one of the trades on the job and was looking for something/anything to slow down the process.

The idea of inspection is not bad, but how to pull it off is not so easy. Who is going to be certified? and how many people will it take to cover all of the outdoor stages on a typical summer weekend? A whole bunch. And will they be willing to put their name on something that mother nature can so easily tear up? The stages would have to be way overdesigned (not a bad idea), but who is going to pay for all that extra strength?

A guy who is doing it right will be more expensive-and the shady promoter will go with the cheaper guy-unless he is afraid of an official not allowing the show to go on. Then he goes after the guy he hired for not providing the right gear.

Yes it could get messy.

But in the end-if the stages are safer-there will be less of a chance for people getting hurt.

The problem I see with the various "sudden wind" issues, is that nobody had enough balls to call off-or delay the show and evacuate the area. If they did, then lots of other people would be very mad at them-especially if nothing happens.

Yes, I've been in the middle of things like that. Luckily nobody every got hurt. It is not an easy position to be in. Easy to talk about later, but at the moment--------------------

Sorry to rant-let's keep it safe guys.
 
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Nicely extrapolated! No doubt there are some logistics involved in making something like that happen. And the possibilty corruption and/or just plain butt hurt (for whatever reason) inspectors certainly exists. As far as getting tagged goes, barring anything previously mentioned, you know you're on a tight schedule, you should know how to do it right, so make it happen. I would think that this possibility would only help weed out the undesirables. I would think that the purchaser of said structure could include some liquid damages clauses to further discourage sleazy practices that could cause delays. And you're absolutely right. Somebody has got be the one to make that call. They delay and cancel sporting events all the time because of inclement weather. Maybe somebody on site should be responsible for keping track of NOAA's ADDS (Aviation Didgital Data Service) for current conditions. I remember playing a large event in a temporary structure in Boise when a voice from FOH came booming across both mains and mons stating that because of weather the event was cancelled, etc., etc., and then just through the monitors, "You guys need to get off the stage NOW." Moments later lighting was striking all around and the wind kicked up. While nothing happened to the stage or the gear on it (power pulled right after the last announcement) I'm really glad somebody was paying attention to what was happening and had the guts to call it off instead of sticking their head in the sand and mumbling something about "The show must go on". As you eluded, it's easy to speculate here. It's nice to have a dialogue going anyway.