have already been filed against Travis Scott, the rapper who launched the annual festival in his hometown, and Live Nation Entertainment, the concert promoter that organized the event. But legal experts who spoke with NBC News said these liability cases are far from straightforward and noted that the legal precedent is mixed.
“I see courts making mistakes again and again in how they interpret this,” said Tracy Hresko Pearl, a professor at the University of Oklahoma College of Law who has done extensive research into crowd crush incidents. “There’s a lot of data on crowd science, but instead courts show a lot of reliance on conventional wisdom about the kind of music it was, who was in the crowd or what the venue capacity was.
She referred to two crowd crush cases where the courts ruled very differently. In one, at a Guns N’ Roses concert, the court found the venue liable, implying that the nature of the fans should have made the possibility of a crush foreseeable. In another, involving church members, the court determined that the venue could not have foreseen a crowd crush.
“But we need to be very careful about attributing blame since arguably the job of a performer is sometimes to get the crowd riled up and use hyperbole,” Cevallos said. “What about a song like ‘Burning Down the House’? Is the performer responsible for an audience member burning down the place?”
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