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Concert Injury: Man Sues Cage the Elephant after Guitar Hits Him

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When you go to a concert, you expect to have a great time listening to live music. While things may get raucous (especially with the heavier bands), generally you don’t expect to get hurt. You certainly don’t expect to be hit in the face with a guitar, but for one Chicago man, that’s what happened.

On May 29, 2016, Weston Tolbert attended a Cage the Elephant concert at Nashville’s Ascend Amphitheater. A lawsuit filed against the band alleges that guitarist Brad Schultz threw his instrument into the audience, striking Tolbert in the face. The guitar caused significant injury and Tolbert is seeking $350,000 in damages. The suit also alleges that Schultz was drinking on stage and was intoxicated as a result. Negligence is alleged as Schultz has a history of throwing his guitar into the audience, but the audience was not warned of this fact.


There are a variety of ways a person can be harmed at a concert. For example, in 1979, The Who played a sold-out show in Cincinnati and 11 people died during a stampede of concertgoers entering the venue. Mosh pits are a common occurrence at some concerts, and these can result in cuts, bruises and broken bones. In other situations, like the infamous Indiana State Fair stage collapse or The Station nightclub fire, unsafe conditions at the venue can lead to injuries and loss of life.

When injuries are caused by negligence, the victims (and their families in cases of wrongful death) are able to file suit against negligent parties. For concerts, responsible parties can include the venue, band members, record labels and other companies associated with the band or venue. To determine liability and seek damages from every defendant who could share responsibility, the best option is to discuss your case with a qualified personal injury attorney.

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