From bustling music festivals and seasonal fairs, like the annual OC fair, to trendy pop-up shops and art installations, these events bring excitement and a sense of novelty to our communities. However, the very features that make these experiences so appealing—ephemeral structures, crowded spaces, and unique setups—can also create hidden hazards. Here, I'll discuss how premises liability applies to these events, the unique challenges injury victims face, and how to protect your rights if you're hurt in this type of setting.

What is Premises Liability?

Premises liability is the area of law that holds property owners (and sometimes operators) responsible for injuries that occur due to unsafe or negligent conditions on their property. Common examples include slip-and-fall accidents, inadequate security measures, and defective or poorly maintained fixtures. In the context of pop-up events, festivals, and fairs, premises liability can be more complex because multiple parties may share responsibility for the venue and its operations. For example, if a light fixture falls on you while you're walking through a pop-up shop and you're injured, who is liable for your injuries? Who should you seek compensation from?

Some Unique Challenges at Temporary Events

1. Short Time Frames
   Pop-up events and fairs may only last a few days or weeks. By the time you realize you've been hurt—or begin to pursue a claim—the event might have packed up and disappeared. This makes swift evidence collection critical, as photos, videos, and witness statements are easier to gather when the event is still active and its setup intact.

2. Temporary Structures
   Tents, stages, and portable booths often aren't constructed with the same durability as permanent buildings. Things like extreme weather conditions, overcrowding, and/or improper assembly of equipment can cause collapses or other hazards. Determining if the structure met local safety codes and industry standards can involve having to track down contractors or event companies who may already have moved on to the next gig.

3. Multiple Parties Involved
   A single festival might involve:

   • The venue owner (public park, private lot, community center).
   • The event organizer or promoter.
   • Individual vendors renting booth space.
   • Security contractors.
   • Catering services.
   • Equipment rental companies (for stages, lighting, or sound). 
     Due to this, sorting out who was responsible for maintaining safety measures in each area of the event can be complex.

4. Crowded Spaces and Alcohol Sales
   Large, excited crowds plus potential alcohol sales can lead to slip-and-fall hazards (spilled drinks), insufficient security, and even crowd-surge incidents. If event organizers fail to enforce capacity limits or ensure crowd control, resulting injuries could be grounds for a premises liability claim.

5. Limited Insurance Coverage
   Smaller pop-up events may lack comprehensive insurance, or coverage might only extend to certain parts of the event. Untangling the various policies—individual vendor insurance, event organizer insurance, venue coverage—requires thorough investigation.

What are some examples of common injuries?

• Trip-and-Fall Accidents: Uneven ground, electrical cords snaking across walkways, or makeshift stage platforms can create tripping hazards.
• Structural Failures: Collapsing tents, stages, or bleachers—particularly in bad weather—can cause serious injury.
• Slip-and-Fall Incidents: Wet ground or spilled drinks are common, especially where food and alcohol are served.
• Inadequate Security-Related Injuries: Fights, assaults, or crowd surges can occur if events fail to provide sufficient crowd control or security personnel.
• Burns or Food-Related Injuries: Food trucks and vendors using open flames or propane equipment can pose fire hazards if not properly regulated and monitored.

The Key Factors in Establishing Liability

1. Duty of Care: Did the event organizers or venue owners have a duty to ensure the premises were safe for attendees? Typically, this answer is yes.
2. Breach of Duty: Did they fail to meet that duty by ignoring or not addressing a hazardous condition? For instance, not taping down electrical cords or not having adequate signage warning of slippery floors.
3. Causation: Can the injury be directly linked to the hazard the defendants failed to address?
4. Damages: Have you suffered losses—such as medical bills, lost wages, or pain and suffering—because of the injury?

Steps to Take if You're Injured at a Pop-Up Event

1. Seek Medical Attention: Your health is the top priority. Even if you think your injuries are minor, document and treat them.
2. Report the Incident: Notify event staff, security, or organizers immediately. Request a written incident report if possible.
3. Collect Evidence:
   • Take photos or videos of the scene, focusing on any hazards like wet floors or faulty structures.
   • Ask witnesses for their contact information and written statements if they're willing.
4. Identify Potentially Responsible Parties:
   • Note the name of the organizer, property owner, and, if relevant, the vendors involved.
   • Check any signage or disclaimers posted around the event.
5. Contact an Attorney: Temporary event cases can have multiple defendants and narrow time windows to gather evidence. An experienced premises liability lawyer can help you investigate, establish fault, and pursue compensation.

Preventing Injuries at Pop-Up Events

Event organizers and vendors can take several measures to keep visitors safe:

• Adequate Planning: Thorough inspections of temporary structures, appropriate crowd control strategies, and contingency plans for inclement weather.
• Clear Signage: Labeling potential hazards, exits, and first-aid stations.
• Staff Training: Ensuring that employees and volunteers know how to handle emergencies, monitor capacity, and spot hazards.
• Insurance: Maintaining comprehensive insurance that covers accidents and injuries, and ensuring vendors do the same.

These steps aren't just for attendee safety—they also protect businesses and event owners from avoidable liability claims.

Final Thoughts

Temporary events, fairs, and festivals are integral to community life, offering entertainment, culture, and commerce. Yet the fun and spontaneity can come with a price if organizers don't uphold proper safety measures. The nature of these short-lived gatherings can complicate premises liability claims, making it critical for anyone injured at such an event to act quickly and seek experienced legal help.

Have You Been Injured at a Pop-Up Event or Festival?

If you've been hurt at a temporary event, you don't have to navigate the complexities of premises liability alone. Contact our office today for a consultation. We'll help you determine who might be responsible, gather evidence before it disappears, and pursue the compensation you deserve.