Live Nation was found not responsible for the deaths of three music festival attendees in Michigan

BROOKLYN, Mich. — Concert promoter Live Nation is not responsible for the deaths of three young men who suffered carbon monoxide poisoning from a generator while camping at a 2021 music festival in Michigan, a state appeals court has ruled.

Victims’ families said the small campsites at Faster Horses contributed to dangerous conditions. However, in a 2-1 ruling, the court found that Live Nation, which managed the weekend country music event, was not at fault.

“Live Nation had no common law duty to monitor the plaintiffs’ campsite and detect the risks posed by the generator,” the court said last Friday.

Dawson Brown, 20; William “Richie” Mays Jr., 20; and Kole Sova, 19, died in a camper at the Michigan International Speedway, about 70 miles (129 kilometers) west of Detroit. Authorities said they were likely asleep when they inhaled carbon monoxide. Two other people survived.

Michigan regulations typically require a minimum of 1,200 square feet (111.5 square meters) for each campsite, but the speedway – known as MIS – could create facilities as small as 800 square feet if certain conditions were met, the appeals court noted .

Investigators determined that the exhaust outlet from the generator was located under the trailer, which apparently allowed noxious fumes to enter the vehicle. The carbon monoxide alarm inside the trailer was not working.

There was no dispute that Live Nation distributed information to campers about using generators, the appeals court found.

A Lenawee County judge ruled in Live Nation’s favor and dismissed the lawsuit. The appeals court upheld this decision.

In her dissent, Judge Allie Greenleaf Maldonado stated that the case should be decided by a jury.

“There are questions about whether an ‘average person of average intelligence’ would recognize the risks posed by this generator,” Maldonado said, citing Michigan legal precedent.