Skip to Content
In an article published on 12/9 in Law.com, Segal McCambridge Senior Associate Antigone Tzakis and Associate Courtney Dunn discuss how live-music venue owners and operators must take pre- and post-accident steps to establish the venue acted with the safety of its guests in mind and bolster a defense that it acted within a reasonable standard of care. This duty extends to the foreseeable actions of guests and foreseeable risks at a specific event—and whether an owner or operator knew or had reason to know that there was a likelihood of certain risks.
“For purposes of future litigation, a venue should identify whether it received any such prior notice and whether the issue was addressed in some fashion,” write Tzakis and Dunn. “For example, where prior accident reports or complaints existed, but the risk was not addressed, the venue may be deemed to have been on notice of risk without taking steps to remedy it.”
Should an accident investigation become necessary, it is crucial to take steps such as preserving video surveillance footage of the alleged accident and/or accident location and obtaining witness statements. Witness statements are crucial to establishing the conditions as they existed at the time of the accident. Incident reports must also be detailed and undertaken quickly, as memories fade, and witnesses will be harder to locate the longer the delay.
“If an accident results in a claim, review contracts with any third-party vendors or subcontractors for potential risk transfer opportunities,” write Tzakis and Dunn. “Consider tendering to that third party and their carrier as soon as possible, as post-tender costs are typically reimbursable. Pre-suit investigation into the claim will assist in identifying indemnification obligations, potential risk transfer, and information needed to support a defense early on.”
Read the story in full; click here (subscriber-based).
