Using Ontario Law to Help Festival and Concert Accident Victims

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This is the perfect time of year to enjoy some of the many festivals and concerts Ontario has to offer. From concerts in the park in Oshawa and a blues festival in Ottawa to the Belleville Waterfront & Ethnic Festival, there are things going on throughout the province. Although promoters and organizers of these events usually go to great lengths to ensure the safety of visitors, accidents and serious injuries can quickly turn a day or evening of fun into a nightmare.

Anyone injured while attending a concert, festival or similar event could have the right to be compensated by promoters and organizers of the event as well as by the owners of the premises on which the injuries occurred. A personal injury lawyer could help with guidance and representation.

Ontario Occupiers’ Liability Act

Someone injured at a festival or concert in Ontario can file a claim for damages under the Occupiers’ Liability Act against whoever is in physical possession of the premises at which the event is held or against those responsible for its condition, the event or for control over the people allowed to attend.

Premises include buildings and structures, but in cases of outdoor events, it could also include only the land. Even though people might not think of them as being part of the “premises,” the law extends liability to the following:

• Water
• Ships, boats and other vessels
• Portable structures and trailers used for business, residence or as shelters
• Vehicles, trains and aircraft as long as they are not in operation

A person injured at a concert or festival could, under the Occupiers’ Liability Act, have a claim for compensation against any of the following individuals or organizations associated with the venue:

• Owners
• Landlords
• Tenants
• Security firms
• Cleaning and maintenance companies
• Organizers and promoters

There could actually be more than one person or entity responsible for the injuries suffered by someone attending an event. For example, it is quite common for crowds to exceed what organizers of an event had anticipated, so security personnel might be unable to maintain control and order. Injuries suffered by someone as a result of the inability of organizers to control the activities of the crowd, the victim might have a claim for damages against the security company, organizers of the event and owners of the venue.

The law does not protect everyone

Victims of injuries suffered at a concert or festival might not benefit from the provisions of the premises liability law in Ontario if they entered the event unlawfully. For example, sneaking into a concert without a ticket is trespassing, and the law does not extent the same protections to trespassers as it does to people lawfully attending.

The law also contains a provision excluding risks willingly assumed by those attending an event. Assumption of risk is usually associated with sporting events, but a person attending a concert of a heavy metal band might have a difficult time claiming damages due to hearing loss from exposure to the loud music. The best course of action for someone who thinks they suffered an injury is to speak to a skilled and experienced personal injury lawyer.

Getting help for concert and festival accident claims

The personal injury lawyers at Diamond and Diamond are there to help if you or a loved one is injured while attending a festival or concert. They have experience obtaining compensation for accident victims by handling claims against the responsible parties. Contact our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now about your claim. Consultations are free, and we have offices located throughout Ontario.