A Day On The Green sued by Kerry Deague after she breaks her leg in mud at Geelong, Victoria concert

A festivalgoer who required surgery after breaking her leg in two places at a concert where attendees were forced to wade through ankle-deep mud is suing the organisers. 

Kerry Deague attended the A Day on the Green festival at Mt Duneed Estate, south west of Geelong, Victoria, in November where Crowded House were headlining. 

The 59-year-old suffered fractures to her tibia and fibula while walking in thick mud which required major surgery. 

She is now bringing a public liability claim against the festival organisers, Roundhouse Entertainment.

Smiling through the pain: Ms Deague (right) sitting with her brother (left) while wearing her boot after breaking her tibia and fibula

Ms Deague, a former mental health worker, claims her injuries have left her out of work.

‘I was casual in an industry that requires very physical work,’ she said.

‘I have a 35- year work history and I am not eligible for unemployment or retirement.

‘The medical bills are piling up and my husband, friends and family have had to care for me.

‘On top of this, I’ve had to get Ubers and taxis to appointments.

‘A lot of people assume that Day on the Green would be compensating me, but they’re not and I’ve had to take legal action.’

Several vehicles got bogged at the festival after heavy downpours turned the arena into a swamp

Ms Deague is being supported in her claim by Slater and Gordon Laywers. 

Slater and Gordon public liability senior associate Alexandra Agathouli said Ms Deague was not the only person injured at the event and that she was also investigating other claims where alleged negligence from the festival organiser had caused injuries and preventable harm. 

‘For Kerry, her injuries have affected her ability to earn money and make a living,’ she said. 

‘What was supposed to have been a fun-filled day of live music with friends, escalated into a very dangerous set of circumstances following heavy rain, wind and slippery mud up to knee height for festival goers and staff to wade through.

Several vehicles got bogged at the festival after heavy downpours turned the arena into a swamp.

Ms Deague said the ambulance could not reach her and her husband had to carry her to safety. 

‘They said we can’t even get a buggy out to you because of the mud,’ she said.

‘My husband had to carry me and recruit a stranger to help.

‘My leg and foot are still very inflamed and I needed a wheelchair to get around.

‘I now have a leg filled with metal plates for the rest of my life and I still need crutches to move.’

Ms Deague’s leg has been filled with metal plates

She said the event should have been cancelled by the organisers.

‘It was irresponsible for them to go ahead with it with those conditions having been predicted,’ she said.

‘It was a paid event and they did not provide a safe environment for us to be kept out of the elements.

‘We were sent an information update saying that the concert venue itself was fine for the show to go ahead.’

A spokesperson from Roundhouse Entertainment said it had been in communication with Ms Deague and confirmed that there was a public liability claim in progress.

‘As this matter is currently subject to legal proceedings, Roundhouse Entertainment does not consider a comment to be appropriate at this time.’