Scores of lawsuits are sure to be filed in the coming weeks over the Astroworld Fest tragedy — but would-be plaintiffs could hit a legal snag over something on the Live Nation website.
We’re talking about liability here … and whether Live Nation — the promoter of Travis Scott‘s event — is on the hook for it or not as plaintiffs rush to court to file claims against them and others.
@billynasser/Instagram
On its face, LN may have an out on that front — or at least a partial one, anyway — due to a standard form they made everyone agree to before purchasing tickets from the Live Nation site … It’s the limitation of liability waiver most folks don’t read … but always have to accept.
We did some research, and as it turns out … an ironclad liability waiver in Texas would almost certainly provide cover for basic negligence — something we know for a fact concertgoers are alleging against LN in the suits we’ve seen thus far.
The online waiver reads in part, “You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us.”
What it doesn’t provide is protection against gross negligence, among other claims, which may well be brought forth in court as well.
TMZ.com
With that said … you’d think Live Nation might be in the clear here — at least on the negligence front — but not so fast. TMZ took a good hard look at the liability waiver, and it’s quite possible they screwed themselves … and might still be exposed.
Not to bog you down in legal mumbo jumbo — but in Texas, in order for a liability waiver to be enforced to protect against negligence, there are a few things that must be met first.
TMZ.com
The company has to feature clear language — that your average Joe would understand — directly addressing negligence in their waiver … and from our check, Live Nation’s Texas waiver does NOT seem to do this at all. Plus, the waiver itself is buried on their site — which is another benchmark waivers have to clear … ya gotta have it prominently displayed. In fact, there are clearly people who bought tickets without ever going to the website.
So, basically … because Live Nation’s liability waiver does not seem air-tight, it is NOT a foregone conclusion LN can wiggle out of liability in these mounting lawsuits.
11/5/21
Storyful
Obviously, this stuff is going to be sorted out in front of a judge — but if LN automatically thinks their liability waiver is gonna save them … they could be sorely mistaken.