Long Island Mom Slams Well-Known Concert Promoter and Band with Lawsuit for Son’s Injuries

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Long Island personal injury lawyer Neal Goldstein has announced that he will represent the mother of a teenage boy who is filing suit in Nassau County Supreme Court against SMG, the management of Nassau Coliseum; Kevin Lyman and 4Fini Inc., the promoters of the recent Vans Warped Tour Concert; and the metalcore band Attack Attack! for injuries her son sustained when a mosh pit broke out at the outdoor music festival.

I don't think it’s unreasonable to expect a certain amount of safety precautions to be in place when you know you have large masses of young spectators at a concert.

Long Island personal injury lawyer Neal Goldstein has announced a lawsuit filed in Nassau County Supreme Court (Index number 11-001998) against SMG, the management of Nassau Coliseum; Kevin Lyman and 4Fini Inc., the promoters of the recent Vans Warped Tour Concert; and the metalcore band Attack Attack! for injuries a teenage boy sustained when a mosh pit broke out at the outdoor music festival at Nassau Coliseum.

Zachary Berry, a 16-year-old from Freeport, Long Island, attended the Vans Warped Tour concert at Nassau Coliseum on July 17, 2010. The outdoor music concert was an all-day festival with 50 bands performing on multiple stages set up in the venue’s parking lot. Zachary was watching the Ohio metalcore band Attack Attack! when the lead singer allegedly incited the crowd to mosh. According to court documents, Zachary, who was standing far away from the mosh pit, claimed he was struck by another concert-goer and suffered multiple injuries, including a severely fractured elbow.

“Moshing has gotten way out of hand,” Mr. Goldstein said. “It’s absolutely insane that it would be allowed and even encouraged, as it was at this concert. Kids have been trampled, paralyzed, and even killed due to this idiotic form of dancing.” He added, "While I can appreciate different forms of music and dance, I'm not able to comprehend the aggressive physical contact seen in mosh pits. If it is going to be allowed, they need to have strict rules on where this should take place to protect those who don’t want to participate.”

Mr. Goldstein further added, "I don't think it’s unreasonable to expect a certain amount of safety precautions to be in place when you know you have large masses of young spectators at a concert. All of the defendants named in the lawsuit knew that moshing would take place and were thus on notice to try to prevent injuries from occurring by implementing proper safety standards.”

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