By Cody Skees and Courtney Carter
Michael Mollenkopf, an Ohio concertgoer, has filed a premises liability lawsuit alleging negligence against Live Nation Worldwide, Inc., Live Nation Entertainment, Inc., Legends Hospitality, LLC, and Crossroads Properties, Inc., after he was struck in the back of the head by a full beer can while attending a Jason Aldean concert in early August 2025. This case raises important questions about foreseeability and venue security obligations. The incident occurred at The Pavilion at Star Lake, a concert venue owned and operated by Live Nation Worldwide, Live Nation Entertainment, and Crossroads Properties, with a liquor license held by Legends Hospitality.
According to the complaint filed by attorney Mark J. Malone of Morgan & Morgan, Mollenkopf alleges that while attending the Aldean concert, he was “without warning” struck in the back of the head by what is believed to have been an unopened, large beer can. The impact allegedly resulted in severe injuries, including loss of consciousness and ongoing cognitive issues. The complaint further alleges that multiple prior incidents of violence had occurred at the venue, including similar incidents involving thrown objects, and that defendants had knowledge of such risks but failed to take appropriate preventative measures.
Background
On August 9, 2025, plaintiff Michael Mollenkopf and his daughter attended a Jason Aldean concert at The Pavilion at Star Lake in Burgettstown, Pennsylvania. Approximately two songs into the performance, the alleged incident occurred. At that time, Mollenkopf was reportedly struck in the back of the head by what he claims was a large, unopened beer can, rendering him unconscious. As a result of the impact, he alleges he suffered a concussion, cognitive impairments, short-term memory loss, post-traumatic stress disorder (PTSD), speech difficulties, and other severe and potentially permanent post-concussion symptoms. The plaintiff was an invitee on the premises, a status that carries with it a duty of reasonable care owed by the defendants. This designation is significant, as it frames the defendants’ obligation not only to maintain the premises in a reasonably safe condition, but also to take reasonable steps to prevent foreseeable harm from third-party conduct. If proven, these facts could satisfy the foreseeability requirement that underpins premises liability claims involving third-party conduct (Carrender v. Fitterer, 1983).
The complaint outlines numerous specific allegations of negligence. Among them, the plaintiff claims that the defendants failed to adequately staff and train security personnel, failed to monitor and respond to potentially violent situations, and failed to implement policies to deter projectile throwing or other dangerous conduct. The complaint further alleges that the defendants failed to properly assess risks associated with large crowds and failed to intervene despite knowledge of prior incidents.
Claims
The complaint alleges that the defendants were negligent, careless, and reckless, and breached their duty of care to invitees through deficiencies in the venue’s management and operations. Specifically, the plaintiff claims the defendants failed to provide adequate staffing levels, properly train personnel, and implement effective crowd control and security measures to maintain a reasonably safe environment. The complaint further alleges that the defendants failed to adopt and enforce appropriate alcohol service practices consistent with industry standards, including policies designed to address intoxicated patrons and mitigate risks associated with serving large, unopened beer cans, such as requiring beverages to be opened or poured into cups prior to service. The plaintiff also alleges that the defendants continued to serve large, unopened canned alcoholic beverages despite knowledge that such items had previously been used as projectiles.
The complaint asserts that the defendants knew or should have known of prior incidents of violence at the venue, including similar occurrences involving thrown objects, yet failed to take reasonable steps to address those risks. To win a premises liability claim, the plaintiff must establish that the defendants owed a duty of care, breached that duty, and that the breach proximately caused the injury (Carrender v. Fitterer, 1983). Central to this case will be whether the alleged risk of thrown objects was foreseeable, particularly in light of the plaintiff’s claims that similar incidents had occurred previously at the venue. However, liability may arise where such conduct is foreseeable and where reasonable preventative measures were not taken by property owners. In this case, the venue operators are the possessors of the land, but the inclusion of the third-party vendor, Legends Hospitality, as the sellers of alcohol, adds another layer of potential liability, if the courts find that the manner in which the alcohol was served contributed to the creation of a dangerous and negligent environment.
The plaintiff alleges that the defendants’ negligence was the direct and proximate cause of his injuries, some of which may be permanent, resulting in both short- and long-term pain and suffering. The plaintiff seeks damages in excess of arbitration limits and has demanded a trial by jury.
While the case remains pending, it highlights the importance of proactive risk management in large entertainment venues, particularly where alcohol is served and when prior incidents may establish foreseeability. The outcome may turn on whether the defendants’ alleged failures rise to the level of a breach of their duty to protect patrons from known risks.
References:
Carrender v. Fitterrer, 469 A.2d 120 (Pa. 1983).
Darnay, M., & Guidotti, R. (2026, March 10). Man allegedly hit with full beer can at Star Lake concert files lawsuit against Live Nation. CBS News. https://www.cbsnews.com/pittsburgh/news/man-allegedly-hit-beer-can-star-lake-concert-live-nation-lawsuit/
Mollenkopf v. Live Nation Worldwide, Inc., et al. (2026), Case 2:23-cv-01114-GW-DTB. https://www.courthousenews.com/wp-content/uploads/2025/05/barfuss-live-nation-tac.pdf
