Organizers of festivals and other events in New Mexico have an obligation to take reasonable steps to keep attendees safe. Unfortunately, this doesn’t always happen, and a lapse in security or safety can cause a number of injuries. When this happens, organizers can be held liable.
Were you or a family member hurt at a public event in Santa Fe? Would you like to learn more about winning the compensation you need to pay medical bills, lost income, and other losses? It’s time to speak with the team at Hunt Law Firm.
Understanding the Duty of Care
Event organizers owe attendees and the general public a duty of care. This means that they must make reasonable efforts to keep visitors and others at the event safe, and to avoid foreseeable harm. If the organizer breaches this duty and someone is hurt or killed, they could be held liable for the victim’s financial and personal losses.
What the duty of care actually looks like will depend largely on the nature of the event, but it could include:
- Providing security: The level of security will depend on factors such as the size of the crowd, whether alcohol is present, and the location of the event. Random bag searches, metal detectors, and a police or private security presence could be a way for the organizer to meet this duty.
- Crowd control: Large crowds can potentially turn volatile, especially at concerts and other events with concentrated groups of people. To uphold its duty of care and avoid overcrowding, the Santa Fe event organizer may need barricades, signage, additional security, and limited capacity in certain venues.
- Maintenance: In general, organizers must maintain the venue throughout the event to prevent slips and falls and other avoidable accidents. Custodial staff should be on hand to clean up messes, pedestrian walkways should be unobstructed, and wires and cords should be secured to avoid tripping hazards.
- Vendor screening: Vendors should be screened and checked for problems that could pose a public safety threat. This is especially the case where vendors sell alcohol or food and someone could potentially get intoxicated or sick. Although insurance may not be required for the event itself, it’s best for the organizer to require vendors to have coverage.
- Emergency planning: No matter the precautions in place, accidents and emergencies can happen. Police, fire, and medic services should be available. Depending on the event, Santa Fe organizers should also have evacuation routes and protocols for locating and protecting missing children.
Vendor Liability in New Mexico
The above situations pertain to liability on the part of festival and event organizers, but vendors can also be to blame in some cases. Here are a few examples:
- Overserving alcohol: If a vendor serves too much alcohol, someone could get into an accident (including a car crash) or start a fight that injures others. The vendor can be held liable for injuries or deaths that result.
- Food poisoning: A vendor that sells food which doesn’t meet applicable safety regulations can be liable for causing sickness. They may share responsibility with event organizers, which should enforce applicable health and safety standards.
- Defective equipment: This is particularly a problem at carnival-like events in and around Santa Fe. Any sort of defective equipment that causes injury or death could point back to the vendor (which may have failed to inspect) or the manufacturer of the equipment.
- Unsafe conditions: Vendors are generally responsible for safety around their booths, displays, food stands, and other designated areas. For example, a vendor should clean up spills to prevent slips and falls.
The law may require insurance coverage, depending on the event in question (e.g. carnival rides must be insured). However, even if it’s not mandatory, vendors should have coverage in case someone gets injured or killed. Also, the property owner where the event took place may have insurance coverage.
If you were hurt because of a negligent vendor, our legal team can determine the best avenue for compensation. This may include making a claim against the insurance policy covering the event, the vendor, or the property, depending on the circumstances.
Common Negligence Claims at Santa Fe Festivals and Events
In light of the above, these are some of the most common negligence claims that victims seek against event and festival organizers and vendors:
- Personal injury: These claims include pedestrian accidents, car accidents, defective product liability, and other accidents and injuries.
- Premises liability: Failure to remove or prevent foreseeable hazards can lead to a premises liability claim, for example one alleging negligent security.
- Wrongful death: Wrongful death is in some ways like an extension of personal injury law, but with different damages due to the death of the victim.
Let Us Help With Your Legal Claim
Festivals and other events should be enjoyable experiences, and nobody should have to worry about getting injured. But if you or a loved one were hurt, find out how Hunt Law Firm can advocate for you. Contact our Santa Fe office today to get started.