Is Sugarland responsible for safety of their fans?

Jennifer Nettles testified this week in the trial about the stage collapse at the Indiana State Fair that killed seven people.

The Sugarland singer testified that she was never asked to postpone the band’s performance, and if she had been asked she would have complied.  “We’re invited to come into a place and play. It’s not our place. I don’t feel it’s my responsibility, or my management’s responsibility, to evacuate the fans in the case of danger. Do I care about their safety? Absolutely.”

The band is being sued by more than 40 people including those injured and relatives of those killed. The suit accuses Sugarland, concert promoter Live Nation, ESG Security, the stagehands’ union, and other companies of failing to ensure a safe environment for concertgoers.

Sugarland was specifically named in the suite because their contract included a clause giving them the final say on whether to cancel a show due to hazardous weather.

First off, this was a horrible tragedy and you have to feel for everyone affected by this.  And I understand that the injured parties want compensation for their losses.  But here’s what I take issue with.  I understand that lawyers go after whoever has the dough, and Sugarland is an easy target.  However, what most concert goers don’t understand is that it is (generally speaking) the organizer of the show who has the final say on whether or not the show goes on.

There are detractors who feel that Sugarland put their fans at risk because they wouldn’t have been paid had they refused to go on.  Not true.  It is standard procedure for the clause ‘artist to be paid rain or shine’ to be included in the contract, meaning if the gig is called off due to the weather, the acts get paid anyway.  (After all they are paying for their time, travel, band, etc)  So Sugarland had no financial risk here.  That said, Sugarland could have stepped on stage, seen the risk and bad weather and pulled the plug.  They just didn’t have the chance.

Personally, I think it was completely up to the show organizers to postpone or call off the show in order to keep people safe.  I don’t think ANY band should be held accountable for the weather.  SHOULD artists be responsible for their fans’ safety?  And what about the fans who decided to stay even though they KNEW the weather was getting hazardous?

What do you think of this legal mess?