The concert was held at Solar Haus, a rented home where concerts have been for decades. The Sept. 29, 2003 show was going as planned with Death By Stereo were performing an encore shortly at 10 p.m. with members of the audience reportedly slam dancing (or moshing) to the music when six people fell through a set of windows and crashed to concrete below. 

The windows were covered with mattresses and blankets for soundproofing by the force in which the individual were dancing when they hit was enough to break through the barrier and the actual windows. 

One man, Daniel James Martin, a Virginia Tech student, died as a result of the fall and several others were injured. 

Martin's mother has filed a $40 million lawsuit against the band, the owner of the property, the tenants and the real estate company that rented the house. Three of the individuals that were injured are also suing. In total the four plaintiffs are seeking $160 million in damages. 

The Martin lawsuit claims that the tenants did not have the proper permits to run a dance at the property and that the building was a dangerous environment to hold such events due to the absence of safety devices and guardrails to block the large windows that inspired the name Solar Haus. 

Death By Stereo was named in the Martin lawsuit, arguing that the band encourage the crowd to dance wildly during their set. 

Punknews.org reports that one student that attended the fateful show made these comments about the moshing, " [...] those in attendance willingly participated in the "moshing and other violent behavior" exhibited at the show. [...] those who happened to fall were willing participants in the "violent behavior" that night and blaming someone else for their actions is irresponsible. [...] This frivolous lawsuit is doing nothing more than dragging out a painful experience for many people and needs to be put to rest."

Death By Stereo previously held at least one benefit concert to raise funds for the victims. At press time they have not publicly responded to the filing of the lawsuits. 
 

more on Death By Stereo

Preview and purchase music from Death By Stereo