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Assaulted at metal concert

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zach93zz

Junior Member
What is the name of your state (only U.S. law)? Texas

I was at this metal show and these people start moshing. Than they started throwing wild haymakers/punches and kicks, and a couple of the guys were even striking into the crowd and they just did it carelessly,they knew they were bound to hit someone,and if they did they didn't care.

One of the guys punched me in the face,bruised my nose pretty good,and chipped my teeth a little,I had a huge nose bleed. the staff was helping a little. I now will attempt to fix and pay for my teeth to get fixed at the dentist.

When this happened,I was facing towards the band and I was not in the pit,I was in the rear end of the crowd and it was a sucker punch that almost knocked me out but I was still standing and i felt it perfectly.

He almost hit one of my friends(who is a girl),and before that she got hit by him on the head but not as hard.

When the staff was asking who did it,my friend gave the details and once the staff got a hold of him they didn't do anything to him but give him a warning.

It was an obvious assault. I did not sign any waiver saying I could have been seriously hurt or any warnings of it.

I did not hit him or anything because than I know i'd most likely get arrested,and also because I wanted to do what was right and wanted justice.

I'm trying to do something about this so in the future other people will not get hurt and that this is so unfair.

And I am also concerned that they did not even have a metal detector,only checking bags,if someone wanted to they could have brought a knife and attacked the musicians and crowd.

I called 311 the day after and told the cop what happen with the assaulter that hit me,and I even knew the assaulter's name and gave it to him because I knew his brother.

And what the cop was telling me was that if the case came through they'd call me,but he was pretty much telling me, at a metal concert where theirs a mosh pit,you can pretty much get away with an assault just fine. I found it outrageous that I did not sign any waiver or see any warnings of this,as than this would have never happened and I would have been extremely more cautious.

I'm seeing if I can raise a suit in a county court for damages against your assailant and against the venu for not doing enough to ensure the audience safety.
 


ecmst12

Senior Member
Have you attempted to contact any lawyers? I can see several issues with a case like you propose, but if you can find a lawyer to take it on contingency, go for it.
 

Ladyback1

Senior Member
dude!
I've been puked on, pee'd on and hit/shoved/pushed at rock concerts!
Good grief. I attended a 3 day music fest this summer. I got shoved, pushed, poked, had beer spilled/thrown on me, stepped on, etc. and it never once occurred to me to think of any of it being an "assault".

And as far as signing a waiver? I'm betting a dollar that somewhere on the ticket you bought (or were gifted with) there is something that says "not responsible for xxx, xxx, and/or xxx". I'm betting the venue also has a similar statement on their website and/or signs up in the venue.

Get a grip. It is a "known" that if you are anywhere near "the pit" you might get injured.
 

zach93zz

Junior Member
Have you attempted to contact any lawyers? I can see several issues with a case like you propose, but if you can find a lawyer to take it on contingency, go for it.
No,but only because they're closed today,but I will tomorrow,I should be able to get one for free with TLPP(Texas Legal Protection Plan) because my mom is a member of them. What issues do you see?

And also the only money i'm trying to get is what I will pay to fix my teeth. Not trying to get thousands and shut the company down. Though I want the guy that hit me(i know his name) to get some sort of fine or justice because I know he will do it a lot in the future and I know for sure he knew he hit me and he didn't have any pity or anything,just acted like it was my fault. Like i said i did not assault him because I would be guilty as him and I would have never been able to file anything.
 

ecmst12

Senior Member
I don't think you have a case against the venue. The only possible party you might have a case against is the person who punched you - maybe - and he probably doesn't have any money.
 

racer72

Senior Member
I did not sign any waiver saying I could have been seriously hurt or any warnings of it.
You likely agreed to a disclaimer when you purchased the ticket to the venue or when you entered. This generally absolves the venue from any liability due to the actions of other guests.
 

TigerD

Senior Member
racer -- isn't there also something about assumption of risk? Mosh pits aren't exactly unusual at that type of show.

DC
 

xylene

Senior Member
People who attend concerts have the right to seek redress for injuries from the venue.

Being punched is not moshing. The op did not get this toes stepped on.
 

davew128

Senior Member
I'm stunned, STUNNED, that this would happen at a rock concert. I was convinced that Motley Crue only attracted the best and brightest. :rolleyes:
 

Ladyback1

Senior Member
I'm stunned, STUNNED, that this would happen at a rock concert. I was convinced that Motley Crue only attracted the best and brightest. :rolleyes:
LoL! No kidding.

Although the crowd at the Kenny Wayne Shepherd (who, by the way is abso-freaking-lutely amazing!) were pretty calm.....heck, the crowd was pretty calm throughout the whole 3 day festival! (Warrant, Trixter, Firehouse, Tesla, Saving Abel, BlackStone Cherry, Rick Springfield, Kenny Wayne Shepherd, Jackyl...and several more)
Was a blast.:D
 

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