In a decision filed on May 10, a British Columbia Supreme Court judge awarded $ 202,200 in damages to a spectator who suffered burns to his legs after an uncontrolled pyrotechnic stunt at a concert.
The facts began in May 2011. Celia Langston-Bergman, then 20 years old, was a contemporary dance student at Simon Fraser University. He attended with his companion an independent rock concert, in the little place known to lovers of the genre, the Winnie Cooperin Vancouver’s Chinatown.
The group Boogie Monstercomposed of guitarist Ben Fussel and drummer Tony Dallas, was on stage in front of about fifty people gathered in a circle.
To close the show, Ben Fussell launched into a pyrotechnic exercise, similar to what the late guitarist Jimi Hendrix did on stage in 1967, during the Monterey pop festival: he lit his guitar.
According to the conclusions of Justice Harry Slade of the Supreme Court of British Columbia, Ben Fussell put his guitar in front of him on the ground, poured liquid on it from a water bottle, then burned it in the middle of the surrounding people..
The statement of facts contained in the judge’s decision states that, according to the testimony of Celia Langston-Bergman, there was then a big fire. Mr. Fussell seemed bewildered, dropped the bottle and seemed to be kicking it away from him.
The flaming liquid flowed from the girl’s stand and spat out on her legs.
Feet on fire, he headed for the exit and was stopped by his companion who, with the help of others, extinguished the fire.
Once outside, the young woman tried to cool her burns with water from the puddle, before being taken to the hospital by ambulance.
According to the judgment, Celia Langston-Bergman suffered severe burns within both legs, below the knee.
He was admitted to the burns unit and, after further treatment, underwent two skin grafting operations, both under general anesthesia.
He decided to sue the musicians and the concert organizer for negligence. The trial took place in October 2021.
During the auditions, Celia Langston-Bergman explained that her injuries pushed her to give up the career of dancer or dance teacher for which she was destined. The young woman organized herself in her studies and earned a diploma in nursing.
however, He is reluctant to work in the emergency room or intensive care, despite the slightly higher salary, because he does not want to treat burn patients.the judge wrote in his decision.
For recover the physical and emotional impactJudge Harry Slade awarded plaintiff damages in the amount of $ 135,000, and compensation of $ 67,200 for loss of income.
Judge Slade said concert organizer Tristan Orchard and guitarist Ben Fussell were responsible for the injuries the girl sustained.
Unexpectedly Mr. Fussell did the stunt, and Mr. Orchard has the legal duty to ensure the safety of show attendees. said the judge.
Still according to the judge’s conclusions, drummer Tony Dallas, who objected to this good effect, there is reasonable basis to believe that Mr. Fussell did the stunt and therefore had no reason to warn the public. He was found irresponsible.
Source: Radio-Canada
