Festivals and Liability for InjuriesThe Gilroy Garlic Festival, a festival celebrating garlic and hosting numerous bands and live acts, can be held partially liable for the injuries of individuals who were hurt in the shooting. The full blame lies on Legan for carrying out such a horrific act, but more could have been done to prevent the shooting from happening in the first place.
Lack of Sufficient SecuritySecurity is one of the most short-staffed aspects of festivals. Often, security guards are only present at key areas – concert stages, entrances and exits, parking lots, food areas, and rest areas. They seldom patrol the perimeter and they are almost never outside of the festival grounds ensuring that no one sneaks in. The lack of additional security around the festival may have contributed to the ease with which Legan entered the festival.
Find out more about how we can help you. CHAT LIVE with a representative now.Legan cut through a fence that was near a creek; the lack of security in the area meant that the festival organizers did not think that such an act could occur and thus did not station security guards in these areas. Without proper monitoring of the surrounding area, festivals are very dangerous and anyone can seemingly enter. Once a high-risk individual enters the festival grounds, the results can be devastating. If the festival had provided twice as much security or allocated the amount of money into the budget, it could have had a better system in place to protect those in attendance. The police chief stated that security was tight, but that there were no security cameras in place. This is yet another area that could have been improved. If there are no cameras set up to detect anyone coming into the festival, there is no way to prepare for such a situation, and the people inside will be helpless and the security guards will not have time to react.
Failure to Inspect for WeaponsAlthough Legan was not a festival-goer and did not have a ticket, the methods used by security guards and staff members to check for weapons is courteous at best and ignorant at worst. Many people waiting in line are simply patted down with no real inspection in any pockets or potentially hidden areas. Their bags are not thoroughly searched and they are not made to undergo any additional screening. Part of this is due to the time frame in which people must be ushered through the entrance. Staff wants to ensure a speedy and efficient process to get people through the doors or gates, and meticulously checking each person for weapons is, to them, unnecessary and wasteful of time. The inability or refusal to thoroughly inspect for weapons is a key reason many people can smuggle whatever they wish into festivals. The Garlic Festival did have metal detectors, but many individuals are able to proceed through with various weapons regardless.
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Failure to Provide Adequate Exit PointsFestivals are generally gated or fenced off to ensure that no random individuals or those who did not purchase tickets can enter. The trouble with this is that there are fewer exit points for individuals to flee to if there are any accidents or dire situations. Small exit points are meant to provide a controlled flow of traffic so that there are no overwhelming numbers and every can efficiently get back to the parking lot or outside of the festival grounds to leave. However, if these exit points are only at the front of the festival and the rear, this is a major issue. As a result, attendants can get stuck and trapped, which is dangerous if there are gunmen or other attackers in the vicinity. Festival organizers should purposely set up exit points at certain intervals to guarantee that all people in the festival can immediately leave if necessary. These exit points should also be guarded by security to ensure that nobody from the outside can enter and to see any threats before they get into the festival itself.
Legal Action for Injuries at a FestivalThe Gilroy Garlic Festival can be held accountable for injuries due to the issues mentioned above. The festival had a duty to protect its customers and it failed in providing that protection. If you choose to file a lawsuit, you must be able to show that you were owed a duty of care that was breached, and that breach of duty led to an incident that resulted in physical harm. You can choose to sue for injuries you suffered or on behalf of a loved one who passed away in the incident. You can earn the following types of compensation for your losses:
- Medical expenses for past and future treatments, surgery, hospitalization, medication, physical therapy, and more
- Lost income if you could not go to work or if you cannot go to your job in the future because of injuries and recovery time
- Property damage if your personal items were lost or broken in the incident
- Pain and suffering damages to cover PTSD, fear, anxiety, psychological trauma, and more
- Wrongful death expenses for funeral and burial fees, pre-death medical bills and pain and suffering, loss of consortium, loss of expected inheritance and savings, and more