Attending concerts is meant to be a thrilling experience, but what happens if you get injured at a show? The recent Washington appellate case, Allen v. Phish, Inc. , sheds light on this scenario. Understanding this case is crucial if you find yourself hurt at a concert in Washington state.

The Short Version

In Allen v. Phish, Inc. , two fans reported being hit by rocks thrown by unknown individuals during a Phish show at the Gorge. The court sided with the venue, promoter, band, county, and security, stating there was no duty owed without foreseeability of the specific act. The general risk associated with large crowds did not meet the foreseeability requirement necessary for liability.

What Strengthens Your Claim

• Prior Similar Incidents: Documented occurrences at the same venue or with the same act can support your case. Keep track of dates, sections, and incident logs.
• Proof of Notice: Emails, reports, or briefings that highlighted the hazard in advance can serve as crucial evidence.
• Video or Photos: Capture any evidence near your seat and during the time of the incident.
• Witness Information: Collect names and contact details of anyone who witnessed the incident.

What to Do Now

• Get Medical Care: Seek immediate medical attention and keep all related records.
• Report the Incident: Notify venue security and request an incident number for future reference.
• Preserve Evidence: Save your ticket, seat information, photos, and videos. Write down names of any staff you spoke to.
• Send a Preservation Request: Promptly ask the venue to preserve video, radio communications, and logs specific to the incident time and section.
• Stay Off Social Media: Avoid discussing the details online to protect your claim.

How We Help

Our firm is equipped to handle records requests, secure evidence, and consult with venue safety experts. We focus on patterns, notice, and causation to build a strong case. Plus, our initial consultation is free.

Bottom Line

Washington’s legal stance ties liability to specific, predictable acts rather than broad crowd risks. Solid evidence of similar past incidents and prior notice can greatly enhance your claim. If you've been injured under similar circumstances, seeking professional legal advice can help you understand your options and rights.