The Show Can Go On For Philadelphia Rock Concert Lawsuit

A Pennsylvania woman was severely injured in February 2010 when she went to a rock concert at World Café Live in Philadelphia and the lead singer of the band Fishbone stage-dove. The woman allegedly fractured her skull and collarbone and sustained damage to her eardrum when the rocker jumped into the crowd while performing.

Following the incident, the woman brought a personal injury lawsuit against the group’s manager, the venue operator as well as several other parties. The defendants attempted to challenge the lawsuit, but in late September the federal judge on the case ruled that it could proceed to trial and that the woman could seek punitive damages.

The group’s manager and the owner of the World Café Live venue had asked the court to order summary judgment and prevent the woman from pursuing punitive damages, arguing that the two defendants were not able to prevent the woman’s injuries because they were not aware that stage-diving would take place at the concert.

The federal judge’s court decision explained that there is no question that the woman sustained severe injuries at the concert, and that the rocker frequently dove from the stage at concerts, which the manager likely was aware of.

The judge reasoned that there were photos marketed by the band showing the lead singer stage-diving and so the manager, Silverback Artist Management, should have known to expect such behavior from the rocker.

Furthermore, Fishbone’s manager knew of a previous incident in which another concertgoer was injured under the same circumstances, the judge said. However, one of the issues that remains, the judge wrote, is how much control the management had over this specific show.

Additionally, the liability of the venue owner will depend on “whether members of Fishbone or the touring crew ever notified Real Entertainment employees that stage diving would be a part of the performance,” the judge wrote in his decision.

Source: Courthouse News Service, “Stage-Diving Injury Case Against Rocker Rolls On,” Reuben Kramer, Sept. 27, 2011.