In the summer months many of our clients attend festivals and organised outside events. As these events are always pleasurable they are now organised on a commercial scale and those organising these festivals have a very high duty to take care for anyone attending.The Occupiers Liability Act places a duty upon any land owners or festival organisers to take such steps as are reasonable for the protection of their lawful visitors. If they do not do so and an accident causes injury through a trip or fall then an accident victim could raise a claim against the organisers or exhibitors.
We recently dealt with a case which involved a very nasty injury sustained at a festival in Wales. Our elderly client sustained a fracture and a dislocation to her shoulder when she fell over a tent peg that had been left in long grass and created a tripping hazard.
We pursued a claim against the festival organisers and the exhibitor who had negligently taken down her marquee leaving a clear and obvious tripping danger.
As our client was emerging from a concert she fell over the exposed tent peg and sustained an injury that required hospitalisation.
This case possessed great difficulty because we had to trace the exhibitor and obtain details of her insurance. There is an obligation placed upon any festival organiser or council to insist on obtaining a copy of insurance before allowing an exhibitor on to their land.
Because of the difficulties we faced this case took a lot of effort and a substantial period of time but our client was delighted that our tenacity secured her compensation of £8,500.00 for her fractured shoulder.
Our advice to anyone organising a festival is to think very carefully before doing so and to ensure that there is adequate insurance cover in place for any such event. Any exhibitors or festival organisers will need good public liability insurers to compensate any accident at festivals.