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No Secondary Liability Seen Yet, By Band's Reps, for Sexual Assault
A federal judge in Camden, NJ decided that a Christian rock band's management, talent agent and lead singer weren't vicariously liable for the sexual assault of a teenage fan committed by a member of the band. K.G. v. Owl City, 17-8118.
However, the district judge also held that the band's appeal to fans under the age of 18 may create a heightened duty for managers to protect those fans from unlawful sexual contact with performers. The judge also said the plaintiff could file an amended complaint.
The ruling was issued in a lawsuit filed on behalf of a teenage girl who was sexually assaulted by guitar and vibraphone player Daniel Jorgensen, who was a member of the band Owl City. The assault occurred on a beach in Atlantic City in August 2013, when the plaintiff K.G. was 14 years old and the band was performing nearby.
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