Bird Piché, 24, has filed a lawsuit against Australian punk rock band Trophy Eyes after their show left her with catastrophic spinal injuries.
The lawsuit, filed on December 18 in New York’s Erie County, names frontman John Floreani, the band, promoter After Dark Entertainment, and Mohawk Place. Piché alleges negligence and claims the defendants failed to prevent “unsafe and/or dangerous conditions.”
The incident occurred on April 30 at Mohawk Place in Buffalo, New York. Floreani jumped backward into the audience, landing directly on Piché. The lawsuit alleges the stage dive caused her to be trampled, resulting in serious injuries.
According to the filing, Piché experienced “conscious physical and emotional pain” and “fear for her safety” due to the accident. The legal action seeks damages exceeding the jurisdictional limits of lower courts, along with costs and disbursements.
Following the incident, Trophy Eyes shut down the show immediately. Floreani also personally accompanied Piché to the hospital. The band later expressed heartbreak over what happened and pledged their support for Piché’s recovery.
The band donated $5,000 to a GoFundMe campaign set up for Piché’s medical expenses. Floreani added another $6,000 of his own money. To date, the fundraiser has raised more than $88,000.
In July, Trophy Eyes shared an update on Piché’s progress. She had regained movement in her arms and wrists, with feeling returning to her legs and feet. “Spinal injuries are serious, but Bird’s tenacity gives us hope,” the band said in a statement.
This case raises questions about accountability at live shows. Stage diving has been a staple of punk culture for decades, but incidents like this highlight the intense risks. It also questions who bears the onus for any injuries sustained—the artist, the promoter, or the venue?
Mohawk Place reportedly enforced a strict no-moshing policy, making it unclear how the dive occurred without intervention. While the likelihood of this event unfolding was rare, it has several times before. A death even occurred at a Terror concert in 2014 as a result of a stage dive.
As the legal battle unfolds, the outcome could set significant precedents for artist and venue liability, reshaping how live music balances energy and safety. For now, Piché’s story serves as a sobering reminder of the risks fans and performers face in these high-energy environments.
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