But at least in Michigan, if they do, the venue isn’t liable for the injuries such sod-tossing might cause.

The Michigan Supreme Court ruled June 26 that an Oakland County concert venue shouldn’t be held liable for injuries that occurred when concert goers threw chunks of sod at each other at a 1994 concert.

In a 5-2 decision, the court said businesses like DTE Energy Music Theatre – formerly the Pine Knob Music Theatre – don’t have a duty to protect their invitees from “unreasonable risks that are unforeseeable.”

The shed only had a duty to respond to the situation and call police, which it did, the court said.

Stephen Lowery sued Pine Knob after he was allegedly struck in the face by a piece of sod thrown while a warm-up band played before a June 1994 concert by Metallica.

Molly MacDonald also sued Pine Knob, claiming she hurt her ankle while trying to avoid a piece of sod thrown during a 1995 “Planetfest” concert.

In arguments before the court last fall, Pine Knob attorney Janet Barnes said the sod-hurling melee lasted about 15 minutes before 70 security officers ejected 100 people and restored order.

Justices Michael Cavanagh and Marilyn Kelly dissented, saying the majority’s opinion goes against a 1997 opinion and sets a new standard for business liability. Cavanagh and Kelly said Pine Knob should be held responsible because it had control over whether the venue contained sod.

But the majority agreed with Pine Knob and concert promoters, who contended both accidents were unforeseeable. The also said the problems were resolved quickly.