That's actually a great way to deflect blame. When
Sugarland's lawyer says "voluntarily assumed risk," that's exactly how they're going to get away with turning back all of the lawsuits that have been filed.
It all comes down to planning. Who planned out the construction of the
stage and the
lighting equipment? Who specified that the overhanging stage portion would have lights and would thus be "appropriate" for the venue, the artist, and for the shows that were planned?
Given that this was probably going to be a shared stage with numerous acts, someone had to have produced a document or a plan that specified that the artists would be presented on a stage with x number of lights, y number of overhead sound speakers, and z number of scaffolding pieces upon which to either attach or secure that equipment. There are also considerations for video equipment and how many operators would be utilized in that overhang as part of each show. Each band would either provide overhead
lighting technicians or would use the venue's technicians for the duration of the various shows that were scheduled to take place and so there had to be a schedule or an agreement as to how all of that would be organized and run. Finally, the panels that screened or covered up that equipment as it faced the audience no doubt carried corporate logos or advertising, perhaps even video screens.
Whoever ordered the lights, speakers, video equipment, corporate logos and flat-front panels is liable. Whoever specified how that equipment would be used and for there to be roadies in that collapsed overhang is to blame. And this is for the entire duration of the production, since it could have been equipment installed by another act that actually made the overhang heavy and/or susceptible to collapse.
But people tend to go after whoever has deep pockets and hope for a settlement. This was a planning and safety failure. It should never have happened, but there it is.
So much for all of that sympathy and for all of those prayers. Lawyers don't much care if you prayed for the injured and the dead. They want their money and they're going to find a way to get their money.
