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Tragedy in the Crowd: How to Claim Compensation for Public Event Injuries in Queensland

Crowd gathered in a concert, knowing the risk of public event injuries

Public events such as festivals, concerts, and community gatherings should be times of celebration and enjoyment, but when safety measures fail, the resulting injuries can shatter lives. From crowd crushes at festivals to collapsing stages or slippery surfaces at community fairs, these incidents highlight the importance of event safety. Organisers have a legal obligation to ensure a safe environment, and when this duty is breached, resulting in injury, you may be entitled to compensation through a public liability claim.

Who Is Responsible for Safety at Public Events?

Multiple parties typically share responsibility for event safety. These include:

Event Organisers

Event organisers hold the primary responsibility for ensuring a safe environment. This involves conducting comprehensive risk assessments, implementing safety measures, and coordinating with all parties involved in the event. For example, ensuring proper crowd control, emergency procedures, and compliance with local safety regulations is essential. 

Security Companies

Security personnel are tasked with managing crowds, preventing disruptions, and responding swiftly to emergencies. Negligence in security management, such as inadequate staffing or failure to address aggressive behaviour, can lead to accidents.

Third-Party Contractors

Contractors who handle services such as stage construction, catering, or amusement rides must adhere to safety standards. Faulty equipment or poor workmanship can contribute to injuries, making them potentially liable.

Venue Owners or Operators

The venue’s condition plays a significant role in event safety. Owners must maintain the premises and ensure facilities meet safety standards, including well-lit walkways, secure seating, and clear signage.

Local Councils

Councils that approve and oversee event permits have a role in ensuring compliance with public safety laws. Failure to enforce these regulations could contribute to unsafe conditions.

Determining liability often requires investigating which party or combination of parties breached their duty of care, making legal expertise crucial in these cases.

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Common Types of Accidents at Public Events

Public events present various risks to attendees. Below are some common causes of injuries and their implications.

Crowd-Related Incidents

  • Crowd Crushes: Overcrowding or narrow exits can lead to serious injuries, as seen in incidents like the 2016 Falls Festival, where over 80 people were injured.
  • Trampling During Emergencies: Sudden evacuations without proper planning can result in panic and trampling.
  • Pushing and Shoving: Confined spaces with poor crowd management can exacerbate injuries from aggressive behaviour.

Structural Failures

  • Collapsing Stages or Seating: Weak or improperly erected structures can collapse, causing significant harm.
  • Falling Equipment: Poorly secured lighting rigs or decorations can fall, injuring attendees.
  • Unstable Temporary Structures: These include tents, scaffolding, or platforms that may not withstand adverse weather conditions.

Environmental Hazards

  • Slippery Surfaces: Spills or wet weather can create hazards, particularly if not promptly addressed.
  • Trip Hazards: Uneven pathways, loose cables, or debris can lead to falls.
  • Inadequate Lighting: Poor visibility in critical areas increases the risk of accidents.

Understanding these risks highlights the importance of thorough event planning and safety measures.

Establishing a Public Liability Claim

To succeed in a claim for accidents at public events, you must prove three essential elements:

  • Duty of Care: Demonstrating that event organisers and other responsible parties owed you a duty of care.
  • Breach of Duty: Showing that this duty was breached through negligence or failure to take reasonable precautions.
  • Causation and Damage: Proving the breach directly caused your injury and subsequent losses.

Testimonies from witnesses, incident documentation, and healthcare records are vital in establishing a compelling case.

The “Obvious Risk” Defence

In Australian public liability law, the “obvious risk” defence shields event organisers from liability for injuries resulting from risks that would be apparent to a reasonable person. This principle, clarified in the Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2020] case, applies to risks inherent to activities, particularly in dangerous recreational settings. 

However, organisers remain liable for injuries caused by additional hazards or negligence. For instance, while falling during horse riding is an “obvious risk,” unsafe ground conditions leading to a fall are not. In the Tapp case, the High Court awarded over $6.5 million in damages because the organisers failed to address known dangerous ground conditions, highlighting the limits of this defence.

This case underscores the heightened responsibilities of event organisers, even in scenarios involving assumed risks.

What to Do When Injured in a Public Event

If you’re injured at a public event, taking immediate action can strengthen your potential claim. Here’s what you should do:

Seek Medical Attention

  • Go to the event’s first aid station immediately to document the injury. 
  • Consult with a doctor for a thorough evaluation.
  • Keep all medical documentation and receipts as part of your evidence.

Document the Incident

  • Take photographs of the accident scene, focusing on hazards or contributing factors.
  • Note the contact information of witnesses who can verify your version of events.
  • Report the incident to event staff and request a copy of any incident report.

Preserve Evidence

  • Retain torn or bloodied clothing as physical evidence.
  • Keep event tickets, flyers, or promotional materials to establish your presence.
  • Document all related expenses, including transport and medical costs.
  • Maintain a diary tracking your recovery and the impact of the injury on your daily life.

Compensation Available

Successful claims for accidents at public events may include both financial and non-financial compensation.

Financial Losses 

  • Medical and Rehabilitation Expenses: Covers hospital bills, physiotherapy, and ongoing treatment.
  • Lost Wages: Covers income lost due to missed work and reduced earning potential.
  • Out-of-Pocket Expenses: Includes travel costs and necessary home modifications.
  • Care and Assistance Costs: Covers the cost of support provided by family members or professional carers.

Non-Financial Losses

  • Pain and Suffering: Compensates for both physical discomfort and psychological distress.
  • Loss of Enjoyment of Life: Recognises the impact on your quality of life and ability to engage in activities you once enjoyed.
  • Psychological Trauma: Addresses conditions such as anxiety, depression, or PTSD resulting from the incident.
  • Permanent Impairment: Compensates for long-term disabilities or disfigurements.

Time Limits and Legal Requirements

In Queensland, public liability claims are subject to strict time limits:

  • Adults: Three years from the date of injury to commence legal proceedings.
  • Minors: Three years from when the child turns 18.

Additionally, certain pre-court notice requirements must be fulfilled, such as notifying the responsible party of your intention to claim within prescribed timeframes.

Evolving Public Event Guidelines

Queensland’s 2024 Event Health and Medical Care Guidelines mandate specific medical care requirements, including:

  • Six-week advance notification to Queensland Ambulance Service
  • Enhanced risk assessment requirements considering venue capacity and local healthcare resources
  • Specific medical staffing ratios and equipment standards based on event size and location
  • Stricter protocols for rural and regional events to account for limited emergency service access
  • Requirements for on-site medical care to minimise impact on local health services
  • Comprehensive emergency response planning
  • Detailed crowd management and safety protocols reflecting current best practices
  • Regular review and updating of safety measures during events

Compliance with these measures not only protects attendees but also reduces the likelihood of legal claims.

Conclusion

Accidents at public events can have serious physical, emotional, and financial consequences for victims. Understanding your rights and the available legal options is crucial for protecting your interests and securing appropriate compensation. With strict time limits and complex legal requirements, seeking professional legal advice promptly is essential.

We’re Here to Assist

At ROC Legal, we’re here to guide you through the claims process, ensuring your rights are protected and you receive the compensation you deserve. We offer free initial consultations and operate on a No Win, No Fee basis, making legal representation accessible when you need it most. We will handle all aspects of your claim, from gathering evidence to negotiating with insurers, allowing you to focus on your recovery. Reach out to one of our Brisbane Public Liability Lawyers, Gold Coast Public Liability Lawyers, Rockhampton Public Liability Lawyers, Hervey Bay Public Liability Lawyers, or Bundaberg Public Liability Lawyers today.

We’re estate & compensation legal experts, and we’re waiting to take your call. Get in touch with the legal professionals who care at ROC Legal.