For music fans, live shows are an unforgettable experience and in a world where so much media is online, the live experience offers something more special and authentic. But unfortunately, things can take a turn for the worst and that was the case for music fan Bird Piché who suffered a severe spinal cord injury at a punk show. This incident sparks some questions as to who is liable when such things take place, and challenges the conventional notions of appropriate activity at rock and punk shows.

The Events That Unfolded

The ordeal happened at a Trophy Eyes concert at Mohawk Place in Buffalo, New York in April. Trophy Eyes are a punk rock band from Australia whose humble beginnings started in the small town of Newcastle. Punk rock is a genre known for mosh pits, stage dives and other more aggressive styles of physical expression so Trophy Eyes are no strangers to these activities. Often encouraging their audience to get a little rowdy.

But during this one night in Buffalo, the vocalist John Floriani decided that he would stage dive as the concert was heating up. Despite the venue’s strict no-moshing policy he continued to jump off the stage and land on fan Bird Piché. This caused a devastating spinal cord injury and shortly after the incident, she was rushed to the hospital after the show was cancelled, accompanied by Floreani. 

After being rushed to the hospital it was found that Bird had suffered a serious spinal injury that resulted in an inability to move her arms or legs. The band created a GoFundMe page and managed to get together up to $5,000 in donations while the venue only offered $500 to cover the injuries. 

Legal Implications Following the Incident

Since the woman was hospitalised she then took legal action against the band and the venue, triggering some heated discussion online as to who would be liable. It is hard to say where the blame should fall because those who attend these shows know that there is always some form of moshing or stage diving and it is openly encouraged by fans and band members alike. Accidents like this are extremely rare and when they do happen, harm certainly isn’t intended for the fans or the band members alike. 

While harm wasn’t intended, the venue states that they should not be held liable as the manager of Buffalo Mohawk has posted a statement saying that there are signs posted everywhere in the venue. They have a policy and procedure in place that doesn’t allow any stage diving which was ignored by the band. The band was also shocked and remorseful of their actions with one fan saying lead singer Floreani looked “clearly devastated” once seeing the severity of the situation. 

Future Outlook

We can expect the entire debarkle to last some time as there will be some back and forth between the venue, Trophy Eyes and the Bird Piché as they figure out who should be liable. The good news is that while Bird’s spinal injuries were quite serious her rehab went quite well as she regained feeling in their arms and legs and expected to gain a full recovery. What we can learn from this incident is that although most of attendees never think twice about jumping off the stage or having a good most, there is always an unlikely possibility of serious injury.