Mardi Gras (“Fat Tuesday”) is a celebration in New Orleans that many look forward to each year; the parades, balls, and parties have been a part of New Orleans tradition for many years. Thousands flock to the city to watch and participate in this enthralling event.
However, there is another side to the celebration: the many injuries that take place each year, especially for particularly vulnerable populations, such as the elderly or young children, many of whom have reported being struck by various objects thrown by people in a parade, or injured by drunk drivers who have plowed into crowds. Although Mardi Gras parades often are enjoyable events for those who participate, no one signs up to be knocked unconscious from a heavy object that is purposely thrown into the crowd.
The Mardi Gras Immunity Statute & Prohibited Objects
The Mardi Gras immunity statute effectively provides immunity to the “krewes”–those organizations participating in the parade–from liability for negligence or accidents that took place during the parades in an effort to control insurance costs for those parties. Specifically, the law states that bystanders automatically assume the risk of being struck by objects that have been traditionally thrown, such as coconuts and cups.
However, in some instances, if people are injured, they can bring claims in court for gross negligence to recover for their medical bills and any lost wages and pain and suffering.
In addition, there are several objects on the list of prohibited items that cannot be thrown, such as any dead or alive animals, as well as condoms and other prophylactic, and even any legal objects must be thrown underhand, not overhand.
Shooting
What about intentional acts of violence? In 2013, Mardi Gras was unfortunately the target of a shooting, leading to several people being severely injured. In this instance, any injured victims could file suit against the shooter, as well as any other party that was an indirect cause of the injury, such as the facility where it happened, due to its failure to have the appropriate levels of security for the event. And sadly, a similar incident has already taken place this year during Shaka, the first parade to go through Thibodaux this season. Such “deliberate and wanton acts” are not exempt from liability.
New Orleans Personal Injury Attorneys
While injuries take place every day in the context of car accidents or slip and fall accidents, they can also happen at annual events, where people go to have a good time.
If you’ve been injured at a celebration or event due to someone’s gross negligence, the personal injury attorneys at Harrell & Nowak can help. We’ve worked with many victims in New Orleans, Kenner, Metairie, and throughout Louisiana, helping them to obtain financial compensation for their injuries. We will work to ensure that your rights are protected and that you receive a fair recovery if your injury has been caused by some else. Contact us today for a free consultation.