Miguel Fan's Lawyer: Brain Damage Suspected, Lawsuit Likely

By Betty Wang, JD on June 05, 2013 | Last updated on March 21, 2019

R&B singer Miguel injured a fan at the Billboard Music Awards last month. He may soon face a lawsuit, as the fan's lawyer says she may have brain damage.

Khyati Shah's injury happened as Miguel attempted to leap across the stage to the catwalk, only to get caught, literally, in a pile of fans in the audience. Shah's head was knocked into the stage upon Miguel's landing; after the accident, she was allegedly only given an ice pack.

Shah's lawyer tells TMZ that she is now experiencing some cognitive difficulties that could indicate serious brain damage. They are now awaiting test results before they decide their next course of action.

What could a potential lawsuit possibly allege?

One claim could be civil battery. Battery generally defined as the intentional touching of another person (or anything connected to the person -- her purse or backpack, for example), in a harmful or offensive manner, and without her consent.

Another avenue that could be explored is whether or not there's a possible negligence claim. This could apply both to Miguel himself or the Billboard Music Awards.

Negligence typically requires a defendant to breach a duty to the victim, such as a general duty to act like a reasonable person. It must also be proved that the breach caused the victim's injury and resulted in damages.

Miguel's possible negligence in this whole ordeal would be when he allegedly made the decision to execute his stage-jumping move, even when producers had advised against it. Even if Miguel was well-intentioned in hoping to give his fans a great show, it can potentially be argued that he should have known better.

The Billboard Music Awards' producers may be partially responsible as well. When Shah was taken backstage, she claims she was essentially tossed the equivalent of a bag of frozen peas rather than being taken to the hospital after having possibly sustained a head injury.

Both these well-intentioned acts or omissions could potentially land the performer, and those behind the annual event, in court. There is a time limit, however: In Nevada, where the fan's injury occurred, civil lawsuits must be filed within two years of a victim's personal injury.

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