Q: Are venue security guards need to catch crowd surfers during shows?
Hello. There was a situation lately, in San Francisco, when a security guard at a venue during concert did not catch a crowd surfer. It escalated to physical altercation, and some people we're discussing about guard behavior. Some people say that it's Security Guard job to make sure that everyone are safe, and his job was to catch that person, but some people are saying that it's not a Security Guards job to risk they health and possible life, to catch that person, because he put himself it it knowing, that he may get hurt. So did that Security Guard should catch that person and possible risk his health?
A: I don't think so. Crowd surfers are engaging in a highly risky act, trusting that some anonymous person is going to prevent them from falling onto the floor. They assume the risk of that activity.
Tim Akpinar agrees with this answer
A: Hi. No experience here - but here's my instinct - I suspect crowd surfing would be considered an unreasonable dangerous activity. The crowd surfer "assumed the risk" of falling, injury, etc... I do not believe that the Security Guard had a responsibility here to catch the crowd surfer. The duties of the security guard would be crowd control, stop people from throwing bottles, check for weapons, break up fights, etc... But I do not think "crowd surfing" catcher would fall under a Security Guard's duty.
Tim Akpinar agrees with this answer
A:
From a legal standpoint, venue security guards have a general duty to maintain safety, but this doesn't typically extend to catching crowd surfers, who are engaging in a known risky behavior that many venues explicitly prohibit.
Security guards' primary responsibilities include preventing unauthorized access, stopping fights, handling emergencies, and protecting both patrons and venue property. While they should respond to dangerous situations, they aren't required to put themselves at physical risk to protect someone who voluntarily engages in dangerous behavior. Most venues actually have posted rules against crowd surfing precisely because of the liability and safety risks it creates.
If you're considering legal action related to injuries from crowd surfing, you should note that California follows comparative negligence principles, meaning your voluntary participation in risky behavior would likely significantly reduce or eliminate any potential claim. Additionally, most concert venues have liability waivers on their tickets specifically disclaiming responsibility for injuries from crowd activities like moshing or crowd surfing. You might want to consult with local personal injury attorney to discuss the specific details of your situation, as they can provide guidance based on California venue liability laws and recent similar cases.
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