24-year-old Joseph Pignatiello of the Pompton Plains NJ (g’head say that five times fast) is trying to cash in on a mosh pit mêlée’ that caused him to suffer a broken knee and sprained shoulder.
Pignatiello went to see Senses Fail and “Mr. Smiths Fun House”, in April of last year and is now… filing a suit claiming he band, the venue and the production company “failed to prevent aggressive, intoxicated, drugged and/or otherwise impaired individuals from forming a mosh pit.” He claims he was forced in and suffered these injuries innocently- and unless Mr. P has never been to a rock show before I’m finding this one hard to believe.
I have been to hundreds of hardcore shows. About twice have I found an unwilling participant in the pit and usually they’re tipped in their due to lack of balance or under the influence. I have been to some of the most violent shows and venues and not once have I found someone in the pit who was trying to get out that wasn’t assisted by fellow concert goers. It’s not a torture chamber and unless this cat was being a complete knob I don’t see (nor have I ever seen) a crowd turn on a fellow concert goer. I have seen many a kid accidently fall in after being shoved and being shoved back out, or shouting for a hand from the crowd. How Joseph ended up like a sock in the spin cycle is beyond me.
Hardcore shows are ‘at your own risk’ events. I don’t know what type of signage Mr. Smiths Fun House has but I betcha there are disclaimers somewhere. I find this case laughable. Stand against a wall if you want to avoid harm. This leads to a very serious topic of concert liability. Can you control a crowd at a hardcore show? Sure of course, with force but there is a fine line between a good time and a ride in an ambulance (sometime). Hope with me that Mr. Pignatiello gets nothing for his legal battle other than some legal bills. The club should be held innocent- why? Cuz it’s a fucking hardcore show stand back. I am so tired of this sue happy society. At age 24 I am shocked that this kid is going to take that route. Maybe he wants the band to notice him? Maybe he has no right to attend a show without the ability to protect himself?
Regardless- all parties involved should be found without fault. That reasonable efforts were made and hopefully a sign is posted somewhere. As for Pignatiello, perhaps he should stick to seated venues and look both ways before crossing. I am not unsympathetic to injury. I am unsympathetic to a sue happy society out to make a buck for their own negligence.