A Michigan appeals court has upheld a decision finding Live Nation not liable for the deaths of three people from carbon monoxide poisoning while camping at the Faster Horses country festival.
Dawson Brown (20 years old), William “Richie” Mays Jr. (20), and Kole Nova (19) died while sleeping in a camper-trailer during the 2021 Faster Horse festival. The camper’s generator had been installed in the wrong direction outside the trailer, pushing exhaust back into where they were sleeping. Investigators also found that a carbon monoxide alarm in the trailer was not working. (Two other people were also in the trailer, but they survived.)
The families of the victims accused Live Nation (which manages the fest) and the Michigan International Speedway (where it takes place) of creating unsafe camping conditions. They said the 800-square-foot campsites at Faster Horses were too small to safely use generators. They also alleged that Live Nation and MIS failed to properly monitor and supervise the campground.
However, in a 2-1 decision, the appeals court ruled that Live Nation “did not have a common-law or statutory duty to monitor plaintiffs’ campsite and discover the risk posed by the generator.”
While the court acknowledged that the campsites at Faster Horses were smaller than the standard 1200-square-foot campsites required by Michigan Law, the festival received a permit allowing for the 800-square foot sites. They also found that Live Nation “distributed literature” to campers warning them that the sites were close together, and providing reminders and recommendations for safely setting up generators.
“There is no evidence that the alleged hazardous condition — the smaller size of the individual campsites — prevented campers from setting up generators so that the exhaust fumes were diverted above recreational vehicles, campers, and tents and away from camping areas,” the court said. “Plaintiffs had a superior degree of possession and control of their campsite and thus a superior ability to discover and remedy conditions on their reserved campsite, including the improperly vented generator.”
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The judge who dissented did cite Michigan legal precedent while making the point, “There are questions regarding whether ‘an average person with ordinary intelligence would have’ recognized the risks posed by this generator.”
In a statement shared with Rolling Stone, Ron Marienfeld, lawyer for the plaintiffs, said: “As you would expect, we disagree with two of the judges on the panel. In my opinion, the dissenting judge got it right. I am working with an appellate attorney and we are preparing an application for leave to appeal to the Michigan Supreme Court. This is not over yet.”
A rep for Live Nation did not immediately return Rolling Stone’s request for comment.
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Since it began in 2013, seven people have died while attending Faster Horses. In 2021, the same year Brown, Mays, and Nova died, a 30-year-old single mother was pronounced dead after a night of partying, with the medical examiner calling her death accidental due to “complications of obesity.” In 2015, a woman died of a heart attack after “consuming a high level of hydrocodone.” Three years later, a 19-year-old was hit by a car while walking to her campground. And in 2022, a 48-year-old with a heart condition was found dead at his campsite.
On top of these deaths, investigations have uncovered rampant sexual assault and misconduct at Faster Horses. A 2021 story from MLive found 91 reports of assault and 30 instances of alleged criminal sexual misconduct over eight years.
