Man loses case against Oxygen Festival organisers
A MAN WHO broke his ankle after he says it became stuck in the mud during a Kings of Leon gig at Oxygen in 2007 has had a negligence action against MCD dismissed by the High Court.
The plaintiff, claims that he and his friend were not particularly close to the main stage of the festival when they were knocked over by a number of concert goers and trampled on.
The Plaintiff stated that his Wellington boots got stuck in deep mud as he fell. He then received some superficial advice from the festival’s medical team before being later collected.
An independent contractor who was second in charge of the control team that weekend told the court that safety checks had been carried out on the day of the incident and he felt the arena was in relatively good condition.
High Court Judge Mary Irvine ruled that despite weeks of rain ahead of the event it was planned and organised safely.
She said that while the Plaintiff’s injuries were regrettable they were the result of reckless behaviour by those who pushed him over.
She also ruled said that the depth of the mud in the area was disputed and it would be impossible to know if this was the reason his ankle broke and not the fall itself.
In such circumstances, Judge Irvine said it would not be just or fair to seek damages from MCD.
She added that festivals like Oxygen give pleasure to so many people and that holding promoters responsible for unpreventable injuries sustained by those attending would mean they could not take place.