According to yahoo.com, a Michigan appeals court has upheld decision finding that Live Nation is not liable for the deaths of three people, who died from carbon monoxide poisoning while camping at the Faster Horses country festival. Dawson Brown (20 years old,) William “Richie” Mays Jr. (20 years old) and Kole Nova (19 years old) died while sleeping in a camping trailer during the 2021 Faster Horse festival.
The camper’s generator was wrongly installed outside the trailer, pushing exhaust back into where the three people were sleeping. Investigators found a carbon monoxide alarm in the trailer that was not working and two other people were also in the trailer but they survived. The families of the alleged victims accused Live Nation and the Michigan International Speedway of alleged unsafe camping conditions.
The victim’s families allegedly said the 800 square foot campsites at Faster Horses was allegedly too small to allegedly use generators. They also alleged that Live Nation and MIS allegedly failed to properly monitor and supervise the alleged campground. However, in 2-1 decision, the appeals court allegedly ruled that Live Nation allegedly “did not have a common law or statutory duty to monitor plaintiffs’ campsite and discover the risk posed by the generator.”
While the court acknowledged that the campsites at Faster Horses were smaller than the standard 1200-square-foot campsites required by Michigan Law, the festival received a permit allowing for the 800 square foot sites. They also found that Live Nation “distributed literature” to campers warning them that the sites were close together, providing reminders and recommendations for safely setting up generators.
“There is no evidence that the alleged hazardous condition. The smaller size of the individual campsites prevented campers from setting up generators so that the exhaust fumes were diverted above recreational vehicles, campers, and tents and away from camping areas,” the court said. “Plaintiffs had a superior degree of possession and control of their campsite and thus a superior ability to discover and remedy conditions on their reserved campsite, including the improperly vented generator.”
In a statement, Ron Marienfeld, lawyer for the plaintiffs says: “As you would expect, we disagree with two of the judges on the panel. In my opinion, the dissenting judge got it right. I am working with an appellate attorney and we are preparing an application for leave to appeal to the Michigan Supreme Court. This is not over yet.”
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