Dozens of lawsuits will certainly be filed in the coming weeks over the course of the Astroworld Fest tragedy – but potential claimants could run into a legal issue regarding something on Live Nation’s website.
We’re talking about liability here … and whether Live Nation – the promoter of Travis Scott‘s – is on the verge of doing it or not as plaintiffs rush to court to file claims against them and others.
@ billynasser / Instagram
At first glance, LN may have an exit on this front – or at least part of it, anyway – due to a standard form that everyone agrees on before purchasing tickets on the Live Nation site. … This is the limitation of liability waiver most people don’t read … but should still agree to.
We did some research, and it turned out that a rock-solid disclaimer in Texas would almost certainly cover fundamental negligence – something we know for a fact that bystanders allege against LN in the lawsuits. we have seen so far.
The online waiver reads in part: “You voluntarily assume all risks and dangers inherent in the event for which the ticket is issued, whether it occurs before, during or after the event, and you waive all claims for bodily injury or death against us. “
What it does not provide is protection against raw negligence, among other claims, which can also be brought to court.
That said… you’d think Live Nation could be clear here – at least on the neglect front – but not so quickly. TMZ has carefully considered the disclaimer, and it’s quite possible that they screwed up … and are still on display.
Don’t get bogged down in legal gibberish – but in Texas, for a disclaimer to apply to protect against negligence, there are a few things that must be met first.
The company needs to present clear language – that your average Joe would understand – that directly addresses the negligence in its waiver… and from our audit, the Live Nation Texas waiver does NOT appear to do that at all. Plus, the waiver itself is buried on their site – which is another reference that waivers need to clear… you need to post it prominently. In fact, there are clearly people who bought tickets without ever going to the site.
So basically … because Live Nation’s disclaimer of liability does not appear to be watertight, it is NOT inevitable LN can shirk its liability in these cases. set up chases.
Obviously, this case is going to be settled in court – but if LN automatically thinks their disclaimer is going to save them… they could be seriously wrong.