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CAUSES OF ACTION ALLEGING PROMOTERS OF A MUSIC FESTIVAL NEGLIGENTLY FAILED TO CURTAIL THE USE OF DRUGS AT THE FESTIVAL AND NEGLIGENTLY FAILED TO PROVIDE ADEQUATE EMERGENCY MEDICAL FACILITIES AT THE FESTIVAL PROPERLY SURVIVED MOTIONS TO DISMISS.

The Third Department determined plaintiff stated causes of action sounding in negligence against the promoters of a music festival, called Camp Bisco. Plaintiff’s daughter, Bynum, ingested a harmful substance at the festival. The complaint alleged defendants failed to take adequate measures to prevent the use of drugs at the festival and failed to make sure there were adequate emergency medical facilities at the festival:

 

Mass gathering permittees, such as defendants, “have a common-law duty to minimize foreseeable dangers on their property, including the criminal acts of third parties” … . “The scope of that duty is defined according to the likelihood that such behavior will occur and endanger [attendees] based on past experience” … . Accepting as true plaintiff’s allegations that defendants knew or should have known of the widespread presence and use of illegal drugs at this annual festival, known as Camp Bisco, we find that plaintiff has adequately stated a cause of action for negligence based on defendants’ alleged failure to exercise reasonable care in curtailing the use of illegal drugs on the festival grounds.

As for plaintiff’s separate cause of action for negligence based upon defendants’ alleged failure to provide adequate onsite emergency medical services, defendants, as mass gathering permittees, had a clear duty to provide such services pursuant to the State Sanitary Code (see 10 NYCRR 7-4.3 [n]; 18.3 [b]; 18.4 [a]). According to plaintiff’s allegations, defendants knew that Camp Bisco had increased in size every year and that, in 2011, over 26,000 people were in attendance. Plaintiff further asserts that, despite their apparent knowledge, defendants circumvented their duty to provide the proper level of medical services at the festival by misrepresenting to the relevant permitting authorities that the maximum attendance for the 2012 edition of Camp Bisco attended by Bynum would be just 12,000 people (see 10 NYCRR 18.4 [a] [1], [2]). Accepting plaintiff’s further statement that defendants’ provision of inadequate medical services was a proximate cause of Bynum’s injuries, we find that these allegations state a cognizable theory of negligence as well … . Bynum v Keber, 2016 NY Slip Op 00093, 3rd Dept 1-7-16

 

NEGLIGENCE (CAUSES OF ACTION AGAINST PROMOTERS OF MUSIC FESTIVAL RE: FAILURE TO CURTAIL USE OF DRUGS AND FAILURE TO PROVIDE ADEQUATE MEDICAL FACILITIES SURVIVED MOTIONS TO DISMISS)/MUSIC FESTIVALS (NEGLIGENCE CAUSES OF ACTION AGAINST PROMOTERS OF MUSIC FESTIVAL RE: FAILURE TO CURTAIL USE OF DRUGS AND FAILURE TO PROVIDE ADEQUATE MEDICAL FACILITIES SURVIVED MOTIONS TO DISMISS)/DRUG USE (NEGLIGENCE CAUSES OF ACTION AGAINST PROMOTERS OF MUSIC FESTIVAL RE: FAILURE TO CURTAIL USE OF DRUGS AND FAILURE TO PROVIDE ADEQUATE MEDICAL FACILITIES SURVIVED MOTIONS TO DISMISS)/MEDICAL FACILITIES (NEGLIGENCE CAUSES OF ACTION AGAINST PROMOTERS OF MUSIC FESTIVAL RE: FAILURE TO CURTAIL USE OF DRUGS AND FAILURE TO PROVIDE ADEQUATE MEDICAL FACILITIES SURVIVED MOTIONS TO DISMISS)

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