On Nov. 17, 2023, Brazilian student Ana Clara Benevides suffered from a sudden cardiac arrest at a Taylor Swift concert and passed away at the age of 23. Her condition was caused by dehydration, as the venue, Estádio Olímpico Nilton Santos, had banned attendees from bringing in bottled water, forcing them to buy overpriced water bottles, which were in short supply.
Benevides’ death sparked both international outrage and a debate about whether musicians or venues should be held accountable for injuries and deaths that occur at their concerts. While it may reflect poorly on the musician to have an injury or death at their concerts, ultimately, responsibility should lie solely on the venue’s staff, not the artist.
It is important to recognize that deaths and injuries have always been prevalent at concerts, and this latest incident is only part of a pattern of poor venue and staff management. For instance, in 2021, negligence combined with a lack of foresight from concert staff at the Astroworld Festival in NRG Park in Texas held by Travis Scott led to a crowd crush that killed 10 people and injured 300. In 1999, Woodstock ‘99, a three-day music festival in Rome and New York took the lives of three people and injured over 5000 because security officers were poorly trained and there was essentially no effort to maintain sanitation on the premises.
Legally, owners of venues are responsible for on-site injuries, according to an article written by attorney firm Gerash Steiner Blanton P.C. shortly after the Astroworld crowd crush. They argued there were legal grounds to file negligent or inadequate security claims in response to potential criminal assaults and rowdy crowds at concerts.
Artists also do not own these venues themselves, so it is completely out of their control how they can manage crowds and logistics at a concert. The litigation committee at the New York State Bar Association published a report regarding this detail, which reiterates that “the owner of a concert venue generally has a common law duty to keep the property safe with respect to invitees on his or her or its venue.” This reinforces the fact that it is the venue owner’s responsibility to keep people safe, not the artist.
When reflecting on the unfortunate, avoidable passing of devoted fans, it is valid to feel resentment or anger towards an artist for not doing more to prevent the accident. However, performers are not to be blamed for casualties at their concerts. Concert staff are accountable for ensuring their attendees’ safety and enjoyment.
These issues, while sad, are avoidable if steps are taken to ensure procedures are properly followed. Concert staff are not always responsible for some attendees’ behavior and cannot directly control them, but they should take steps to maintain security and the safety of others at the venue, including the performers themselves. In addition, necessities like water and proper air conditioning need to be readily available and free, to ensure attendees do not wear themselves out or risk injury or death.
