Moshing lawsuit’s decision surprises heavy metal fans

Joshua Haun

The verdict is in — moshing at concerts can be hazardous to a venue’s pocketbook.

In a negligence lawsuit settled two weeks ago between Brad Morgan, 27, and Des Moines rock club Hairy Mary’s, a jury found both parties equally at fault. Morgan will receive $11,911 for medical expenses resulting from a broken arm he incurred in 2002 while attending a show by Des Moines heavy metal act Face Cage at the venue.

Neither Hairy’s Mary’s managers nor members of Face Cage could not be reached for comment for this article.

Katie Hulet, senior in electrical engineering and hard rock fan, says she is surprised by the decision.

“I can’t believe they gave that guy money,” Hulet says. “I really think it’s up to the person who goes to the show. The club has people there to protect you if you get in trouble, but, overall, it’s your fault.”

Tim Leabo, bassist for Des Moines heavy metal band Violent Impact, agrees that most of the responsibility for safety should be in the hands of the people who are participating in the mosh pit.

“You’ve got to know the consequences before you take action,” Leabo says. “It’s kind of like picking a fight with the biggest guy at the bar, getting your ass kicked and then being upset about it. You’ve got to know what’s going on.”

As a frequent concertgoer, Jason Handy, drummer for Des Moines hard rockers Ash Veneer, says that, before the case, he never considered the possibility of a fan suing a venue for injuries sustained at a show.

“I probably never would’ve thought about it,” Handy says. “I would’ve figured it was my own fault.”

Hulet says the notion never crossed her mind because she feels that the responsibility lies squarely on the mosher’s shoulders.

“No, it’s my own fault if I was there,” Hulet says.

The ruling has already prompted at least one other local venue to make sure patrons are aware of what they are getting themselves into if they attend a show.

Jerry Lowe, manager of Des Moines rock venue House of Bricks, says the club will be hanging signs warning fans about potential consequences of moshing, but it will not be altering its rules.

“Now everybody’s gonna be eyeballed more,” Lowe says. “We’ve never had a problem with it. We’re just reiterating our in-place policy.”

Lowe says he feels the jury’s decision to find both parties equally at fault was the right one.

“I think that’s fair,” Lowe says. “The guy was drunk, he put himself in harm’s way.”

For local bands, crowd response is important.

Leabo says his band will continue to encourage fan participation.

“We’re still going to have aggressive shows,” Leabo says. “It’s for fun — no one comes to these things to get an arm broken.”

Although venues like House of Bricks take precautions to make sure patrons are safe, Lowe says the combination of large groups of people and aggressive music will always be a potentially volatile situation.

“You put a bunch of drunk people together with loud rock music, anything can happen,” he said.