ASTROWORLD FESTIVAL 2021: Was there a comprehensive incident action plan, and was that plan tested?

By this time,most ofthenation, if not the world, has heard about the very tragic and unnecessary deaths that occurred at a music concert in Houston, Texas. TheAstroworldMusicFestival held at NRG Park in Houston on Friday,November 5,has already produced at least 16 lawsuits filed in state court as of November 8, according to Law360.Tragically eight people lost their lives and dozens more injured.More lawsuits will inevitablybe filedalleging wrongdoing.As the lawsuits are freshly printed and filed,theywillfocus on the same defendantsand pointed allegations against those individuals and organizations that maintained a duty of care over those who attended the event. Duty of Care is a legal obligation that every special event organizer must adhere towhen they organize and plan for an event. It is a standard of reasonable care against any acts that could reasonablyandforeseeably harm others. The legal system will demand that the Plaintiffs show that Duty of Care was ignoredtoestablish a proper course of negligence by the Defendants identified in the lawsuits.

It is too early in the process to blame anyonethatmay be responsible for this tragedy. There is still an ongoing law enforcement investigation, and the civil process is only beginning,both ofwhich will generateascoreoftestimoniesand documents.

Wemustask the same question

TheAstroworldMusic Festival will,like all the other tragic events in a large gathering over the lastfifteen to twentyyears,generate renewed interest from insurance companies,public sectoragencies, event organizers, and any stakeholder whomaintainsan interest.We must always divertback to the same tried and true questionsthat we askwhen it comes to planning for safety and security:

Was there a comprehensive incident action plan, and was that plan been tested?

A plan without testingisno different than buying a book and never reading it.

We have no idea if there was a plan orif that plan was tested for theAstroworldMusic Festival, but we knowthat the victimswill demand and righteously deserveanswers.According to Law360,an online legal website resource owned by LexisNexis,it was identified that there wereupwards of 1200 law enforcement and security personnel assigned to the event. At some point, the individual(s) who maintained command and control for the safety and security at theAstroworldevent will need to answer all the questionsthe victims ask.Whydid this happen?Howdid it happen?Whatcaused this to happen?Whois responsible for what happened?Whendid someone know that there were gaps or shortfalls in the “plan”?

The same standard will always apply to special events

Every single event organizer is held to the same standard. When you invite the public into any setting,there is a complete responsibility taken on by that individual or entity.They bear the brunt of the ultimate success or failure of the event.

We can never ignore the obvious about any size crowd especially largegatheringsbecause the more people that an event brings,the higher the odds are of:

• Something dangerous or reckless occurring
• Large gatherings of people can come with side effects that can impact how effectivelyatheorganizer or facilityoperates and responds to the needs of the crowd
• Big crowds of people raise the possible number of victims
• Individuals within a large crowd commonly assume someone else willmaintaintheir safety and well-being within the facility or areathat the event isoccurring

Remember every single special event organizer needs to understand the key legal terms often introduced in conversation with Valentis:

Duty of Care, Negligence, and Reasonable Foreseeability.

What is Duty of Care? It is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence.

What is Negligence? The failure to exercise the care toward others which a reasonable or prudent person would do in the same or similar circumstances

What is Reasonable Foreseeability? The reasonable anticipation of the possible results of an action, such as what may happen if one is negligent. The foreseeability aspect - the event which is the primary cause of the injury—is established by proof that the actor, as a person of ordinary intelligence and circumspection, should reasonably have foreseen that his or her negligent act would imperil others, whether by the event that transpired or some similar occurrence, and regardless of what the actor surmised would happen regarding the actual event or the manner of causation of injuries.

Closing Thought

Valentis will maintain awareness ofthis case as it does with all the others that involve tragedy and injury. Each one, sadly, presentsanopportunity to learn what worked best and what were the lessons learned. We do that because we believewe share responsibility, oras we say,‘we haveskin in the game’for what happenswhenValentis isunder contract at a special event. At the end of the day,when everyone has returned to their homes, offices, or departments,two entities will be left to answer questions:Valentis andtheSpecial Event Organizer.Ask yourself, who do you want standing next to you? We don’t go home.