Concertgoer who broke her leg in two places wading through mud at a Crowded House concert and was unable to work is going to sue organizers
- Kerry Deague, 59, broke her tibia and fibula in ankle-deep mud
- She needed major surgery and is now out of work
- She is suing the organizers, claiming they should have cancelled
A festival-goer who required surgery after breaking her leg in two places at a concert where attendees were forced to wade through ankle-deep mud is suing organizers.
Kerry Deague attended the A Day on the Green festival in November at Mt Duneed Estate, southwest of Geelong, Victoria, where Crowded House headlined.
The 59-year-old suffered fractures to her tibia and fibula while walking in thick mud, requiring major surgery.
She is now filing a public liability claim against the festival organizer, Roundhouse Entertainment.
Smiling through the pain: Mrs. Deague (right) sits with her brother (left) wearing her boot after breaking her tibia and fibula
Ms. Deague, a former mental health worker, claims her injuries left her unemployed.
“I was casual in an industry that requires very physical work,” she said.
‘I have an employment history of 35 years and do not qualify for unemployment or pension.
“The medical bills are piling up and my husband, friends and family have had to take care of me.
“On top of that, I had to take Ubers and taxis to appointments.
“Many people assume that Day on the Green would reimburse me, but that is not the case and I have had to take legal action.”
Several vehicles got stuck at the festival after torrential rains turned the arena into a swamp
Ms Deague is supported in her claim by Slater and Gordon Lawwers.
Alexandra Agathouli, Slater and Gordon’s senior public liability officer, said Ms Deague was not the only person injured at the event and she was also investigating other claims in which alleged negligence by the festival organizer had caused injuries and avoidable damage.
“For Kerry, her injuries have affected her ability to earn money and make a living,” she said.
“What should have been a fun day of live music with friends escalated into a very dangerous set of conditions after torrential rain, wind and knee-high slick mud that festival goers and staff had to wade through.
Several vehicles got stuck at the festival after torrential rains turned the arena into a swamp.
Ms Deague said the ambulance was unable to reach her and her husband had to take her to safety.
“They said we can’t even get a buggy to you because of the mud,” she said.
“My husband had to carry me and recruit a stranger to help.
“My leg and foot are still very inflamed and I needed a wheelchair to get around.
“I now have a leg full of metal plates for the rest of my life and I still need crutches to move.”
Mrs. Deague’s leg is filled with metal plates
She said the event should have been canceled by the organisers.
“It was irresponsible for them to go through with it when those conditions were predicted,” she said.
“It was a paid event and they didn’t provide a safe environment for us to stay out of the elements.
“We received an information update stating that the concert venue itself was OK to run the show.”
A spokesperson for Roundhouse Entertainment said it had been in touch with Ms Deague and confirmed a public liability claim was pending.
“As this matter is currently subject to legal proceedings, Roundhouse Entertainment deems no comment appropriate at this time.”