
We should always start with the basic premise that a property owner has the duty to use reasonable care to prevent harm to those persons on its premises when it has the opportunity to control the conduct giving rise to the injury and is reasonably aware of the need to do so. The following is a list of cases where the injured party was allowed to pursue claims for injuries resulting from crowds, violence and raucous behavior.
1. In Rotz v. City of New York- In this case the plaintiff was injured at a Diana Ross concert in Central Park. A commotion occurred and everyone started running. Plaintiff was knocked down and injured. The Court said that the City like other property owners owes a duty of care to provide general supervision and reasonable care whch would depend on the circumstances. In this case the Court determined that it was possible that a jury could determine in the absence of appropriate supervision and crowd control a riot could occur as a result of people jammed together and a tense atmosphere.
2. In Iacono v. MSG Holdings the plaintiff was a professional photographer hurt at a boxing match when the crowd erupted into a riot. The plaintiff contended that the defendants knew that there was bad blood between the fighters and that a lack of proper supervision or security could have contributed to the plaintiff's injuries.
3. In Mancuso v. The State the claimant who was a spectator at a basketball game was injured when a fight broke out. The Court said that it was up to a jury to decide if there was adequate supervision.
4. In Rishty v DOM the victim was injured when she was struck in the face by a dancer at a rock concert that allowed "moshing" an aggresive form of physical dancing. The Court said based on the testimony a jury could find that the "heightened atmosphere" and the nature of the physical activity that was going on could lead a jury to believe that the club did not have adequate security and control over the crowd.
The following are some cases which were dismissed and the plaintiff could not present the case to the jury:
1. In Maheshwari v. City of New York the victim was assaulted by intoxicated individuals in the parking lot of the concert. The Court of Appeals held that the random act of violence could not have been prevented as it was not the type of occurrence that could have been predicted.
2.In Napolitano V. MSG the plaintiff was injured at a hockey game when a fight broke out in the crowd. The Court found that reasonable security measures were taken and dismissed the case.
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