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 By Luc Cohen and Thomas Rowe
(Reuters) - More than a dozen lawsuits have been
filed and a criminal investigation has been
opened after eight people died and hundreds were
injured in an apparent crowd surge at Travis
Scott's Astroworld festival on Friday.
While details of what led to the deadly concert
stampede are still emerging, here is an
explanation of who could be held liable for the
incident:
WHAT DO THE LAWSUITS CLAIM?
At least 14 civil lawsuits have been filed
against promoter Live Nation Entertainment Inc
or a subsidiary, Live Nation Worldwide Inc,
according to court records. Of those, 10 name
Scott - whose real name is Jacques Webster - as
a defendant and one names Drake, a fellow rapper
and guest performer.
The lawsuits generally claim that Live Nation
acted negligently by failing to create and
enforce proper safety protocols, failing to
provide adequate security and failing to
maintain proper crowd control. The victims were
crushed in a chaotic surge near the stage, with
some trampled and others unable to breathe.
"Conditions were created and consented to by the
festival organizers that caused several
stampedes and a crowd compression that resulted
in the tragic deaths of eight individuals and
the serious injuries of hundreds more,"
according to a lawsuit filed on behalf of
Houston resident Wasem Abulawi, who the suit
says was "seriously and permanently injured."
Kristian Paredes, an Austin, Texas, resident who
named Scott and Drake as defendants, said Scott
had "incited mayhem or chaos at prior events"
and that Drake was aware of Scott's previous
conduct.
Scott previously pleaded guilty to disorderly
conduct charges related to two separate
incidents of encouraging fans to rush the stage,
once at a 2015 music festival in Chicago and
later at a 2017 concert in Arkansas, local media
in both places reported.
WHAT IS THE LEGAL STANDARD?
The most likely party to face liability would be
the concert organizers and promoters who
determined the level of security, said C.J.
Baker, a Texas injury attorney.
To prevail on a negligence theory, the
plaintiffs must show that the defendants knew or
should have known that there were actions they
could have taken to prevent a foreseeable
tragedy, Baker said.
As for Scott, his previous behavior at concerts
could help plaintiffs build a case against him,
said Richard Mithoff, a Houston personal injury
attorney.
"You have to know at some point that if you keep
pushing it, this is the kind of tragedy that
will result," Mithoff said.
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 Scott's record could help
plaintiffs establish "gross negligence," meaning
an almost total disregard for others' safety,
Mithoff said.
WHAT WILL THE LIKELY DEFENSES BE?
Scott said in a video posted to social media
that he "could just never imagine the severity
of the situation."
He paused his performance https://www.reuters.com/business/media-telecom/travis-scotts-astroworld-concert-pauses-then-restarts-amid-deaths-injuries-2021-11-06
once it was clear people needed medical
attention and encouraged the audience to make
room for an ambulance that was winding through
the crowd, but later finished his set.
Both Live Nation and Scott would likely argue
that the surge was sudden and unexpected,
Mithoff said.
"Anytime someone can show that they did
everything that a responsible operator would do,
and nevertheless there was a tragedy, obviously
that's going to cut in their favor," Baker said.
Live Nation said in a statement over the weekend
that it was "heartbroken" by the incident.
COULD CRIMINAL CHARGES BE FILED?
Houston police have opened a criminal
investigation into the incident, and have said
they will examine whether security plans were
flawed or followed improperly. They are also
probing reports that someone in the crowd
injected a security guard with drugs.
The decision to file criminal charges could
hinge on whether or not Scott or the organizers
stepped in to stop the concert once they knew
people were becoming injured or killed, Baker
said.
Under Texas law, reckless behavior that causes
someone's death is considered manslaughter,
according to the state's penal code.
Scott said the Houston police had his "full
support." Live Nation said in a statement on
Monday that it had met with authorities and
handed over all video footage of the concert,
adding it had offered refunds to attendees and
planned to help pay victims' medical expenses.
(Reporting by Luc Cohen and Thomas Rowe; Editing
by Noeleen Walder and Peter Cooney)
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