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Alleged concert rape could result in premises liability lawsuit

New York residents planning to attend the August concert of Aussie country star Keith Urban in Bethel may be a bit wary after learning of some unfortunate events that unfolded at his recent outdoor show at the Xfinity Center's amphitheater located approximately 30 mouths south of Boston in Mansfield, Massachusetts.

In addition to Emergency Medical Services personnel treating 46 individuals for mainly alcohol-related incidents, 22 of whom were admitted to hospitals in eastern Massachusetts for treatment, more than four dozen others were taken into protective custody by local police. Others were arrested over "alcohol-related issues," according to the chief of the Mansfield Police department.

But by far the most disturbing arrest stemmed from the alleged rape of a teenage girl in full view of other concert attendees on a grassy area. The attack was finally thwarted when a woman from the crowd intervened, pushing the 18-year-old man off of the woman. He then attempted to flee but was captured quickly by police and arrested on a rape charge, police records indicate. After entering a plea of not guilty at his arraignment, the alleged attacker was released on a $10,000 bond.

A statement issued by the Mansfield Police said, in part, "Officers conducting the investigation were assisted by patrons that . . . took photos and video of the assault on their cellular phones. Those phones are being processed to recover the digital evidence of the assault."

A spokesman for Urban said to a CNN reporter, "You are going to need to go through local authorities on this one," when asked to comment on the alleged rape at the concert venue.

In a reported outdoor crowd of 18,000 concertgoers, it can be difficult to monitor all attendees and prevent illegal behavior. However, concert promoters, owners of the venue and the security forces they contract to maintain order have the responsibility to maintain the premises to insure the safety of concertgoers. Inadequate security at outdoor concerts where alleged rape or other violent criminal acts are perpetrated on innocent victims can result in premises liability litigation against them and other defendants, possibly even including the performer.

Should similar problems occur in venues in this state, a New York personal injury attorney can initiate a claim against multiple defendants in an attempt to recover the maximum amount of settlement or judgment for plaintiff.

Source: CNN, "Teen raped on lawn at Keith Urban show, police say" Allan Duke, Jul. 31, 2014

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