The Australian Associated Press is reporting that the parents of an Australian teenager who died after being crushed during a LIMP BIZKIT concert at the Big Day Out music festival almost four years ago are suing for negligence over her death.
Jessica Michalik, 16, was caught in a crowd crush during the performance of headline act LIMP BIZKIT at the 2001 event.
She was trampled when thousands of fans surged toward the stage and died in hospital five days later.
Jessica's parents began initial legal proceedings against the festival promoter and the band in the NSW Supreme Court, the Daily Telegraph reports.
According to News.co.au, George Michalik is suing Big Day Out promoter Creative Entertainment Australia, stage and barrier constructors Australasian Event Services and security company Australian Event Protection for nervous shock and loss of income.
He alleges that proper staging and barriers could have prevented the accident.
Jessica's mother, Barbara, is taking action against LIMP BIZKIT band members and their California-based company as part of the same action to establish liability, the paper said.
A case for damages will be heard separately if negligence is determined.
The Michaliks' marriage has fallen apart since the death of their only child and Mr. Michalik has resigned from his job at the Powerhouse Museum.
George Michalik said psychologists and psychiatrists "helped him survive" since the "freak accident" ruined his life.
"I can't regroup," he said. "It is not that I am weak. I have tried many things but I can't move on."
He says he has nothing to live for. "Now I'm ready to follow in Jessica's steps," he said. "I have lost everything in life — my family."
Mr. Michalik's attorney, Michael Short, said no dollar figure had yet been determined for the damages sought.
"This case is not about money, it is about righting a wrong," Short said. "Jessica was George's only child ... It has had a catastrophic affect on him so we are asking, who is responsible?"
He said the central allegation of Mr. Michalik's claim was that, if proper staging and barriers had been in place, the accident would not have happened.
Giving evidence to the inquest into Jessica's death in 2002, LIMP BIZKIT frontman Fred Durst said the band had asked Creative Entertainment to provide additional crowd barricades for the Sydney show after a crowd collapse in Auckland.