Festivals Are for Fun — Not Fractures. If You’re Injured While Enjoying Live Music, Listen Up.

You probably attend a rock concert or spend a weekend at a folk music festival expecting to have fun while making lifelong memories with friends and other folks who share similar devotion to some very talented musicians. At least that’s the plan. But, as many concert-goers have discovered over the past few years, that isn’t always the case.

Consider the recent Burning Man event in Nevada, where several attendees – including one woman who died, and another who fell from a massive concert sculpture and had to be taken away in an ambulance – left their friends and loved ones with some very painful moments. And let’s not even talk about the infamous “Astroworld Crush” where 10 people died from asphyxiation and dozens of others were severely injured when fans rushed the stage at a Travis Scott rap concert in Houston… not to mention last summer’s muddy Burning Man fiasco that left thousands of “burners” stranded and suffering in the desert heat for days.

What happens if you’re one of the unlucky concert-goers… or perhaps an unfortunate visitor at a tourist attraction… who gets hurt through no fault of your own in such a tragic circumstance? Does agreeing to sign a so-called waiver of liability really mean you can’t sue a concert venue for negligence? In this article we’ll address those questions to help set your mind at ease.

What Is a Liability Waiver?

Essentially, it’s a document by which you supposedly agree not to sue an event organizer or venue for incidents that they often claim are beyond their control. You’ll find these kinds of “fine print” waivers in loads of places ranging from tickets to professional baseball games and concert venues (like Detroit’s Fox Theater), to passes granting entry to amusement parks (including places such as Cedar Point) and even to tourist attractions like the Soaring Eagle Casino and Waterpark in Mt. Pleasant.

As one example, take a look at this broad language from the Mt. Holly ski rental shop liability waiver, and you’ll see what we mean about how guests are asked to sign away their rights (and even the rights of their children) – in this case simply to rent some ski equipment: “To the extent permitted by law, on behalf of myself and on behalf of my child, I hereby agree to release from any legal liability the ski shop and rental department at the ski resort, its operators, and its owners, agents and employees, as well as the manufacturers and distributors of the rental equipment and their respective owners, agents and employees, from any and all liability for damage and injury or death to my child, myself or to any person on the property resulting from the selection, installation, maintenance, adjustment or use of the rental equipment and for any claim based upon negligence, breach of warranty, contract or other legal theory accepting responsibility upon behalf of my child and myself for any and all such loss damage, injury or death which may result.”

All we can say to that kind of disclaimer is wow! So be sure to check the fine print for similar legalese whenever you attend a concert, visit a tourist attraction, step into a stadium, or sign the kids up to play little league baseball or youth basketball in Michigan. Did you know that you even agree not to sue even by simply opening a page on the Pure Michigan website? When you really take a moment to look at terms of service language, you’ll be amazed at how often you’re asked to promise not to file a lawsuit against just about every venue just about anywhere you go.

Does Signing a Waiver Mean Signing Away Your Rights?

You might imagine that by signing a blanket waiver of liability, you are indeed agreeing not to sue if you or your child are injured through no fault of your own. Nothing could be farther from the truth.

Fortunately, our team of trusted personal injury lawyers has long experience successfully arguing against such legal mumbo-jumbo to protect the rights of innocent victims who are hurt by the negligence of others. This is especially true since the Michigan Supreme Court has issued a notable ruling on premises liability that makes it more possible for innocent people who’ve been harmed in so-called “slip and fall” incidents to effectively file lawsuits so they can be compensated for their pain and suffering, medical costs, or other damages they’ve experienced when property owners fail in their responsibility to provide safe conditions or to properly maintain their facilities.

We Can Work for You in a Heartbeat.

You shouldn’t have to sign away your rights just to see your favorite band perform in a concert, or to enjoy some downtime on the ski slopes this winter with friends and family members. If you’re asked to sign a waiver of liability to obtain a season pass to an amusement park, to enter a corn maze or go on a family hayride this fall, to buy tickets for a music festival, or even to enter a college football stadium to cheer for your favorite team, don’t let that silly piece of paper stop you from having a great time with your kids. Just know that if something unexpected happens, and you or someone you care about get hurt due to the negligence of a park operator, a concert promoter, or some other facility owner anywhere in Michigan, we’ll be there for you. Give us a call at 855-MIKE-WINS (855-645-3946) or contact us online right here.­

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 200 employees, served 40,000 clients, and collected more than $1.5 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.