( CNN ) -- The families of four people killed and dozens injured when a stage collapsed at a Sugarland concert in August filed a lawsuit Tuesday against the country duo . Seven people were killed and at least 40 injured when metal scaffolding fell onto the `` Sugarpit , '' a section usually occupied by Sugarland 's most faithful fans , when a storm swept through the Indiana State Fair on August 13 . The lawsuit , which comprises 48 plaintiffs , contends that the band `` failed or refused to cancel the Sugarland concert despite inclement weather '' and that it had `` ultimate control over the lighting '' that fell on many of the victims . `` Sugarland had supervisory authority and discretion for stage size , lighting , instruments , trusses , sound equipment and location of sound equipment , and the stage system , '' the suit said . Forecasters warned that heavy rain and strong winds would hit the fair nearly two hours before the storm moved through , causing the collapse of the stage . The National Weather Service estimated winds at 60 to 70 mph . `` Sugarland was not required to perform if Sugarland determined their performance would be impaired or prevented due to inclement weather , '' the suit said . `` The decision whether to cancel the Sugarland concert due to weather conditions was the responsibility of Sugarland . '' Sugarland 's representative said the group would offer no comment about the lawsuit . The suit also names other defendants , including Mid-America Sound , the company that rented the stage , roof and lighting system , and event promoter Live Nation .
Sugarland had ` ` ultimate '' control over the stage , ' ' lawsuit says . Seven people died , more than 40 were injured when stage collapsed on fans . The suit claims families of four of the seven people who died from the stage collapsed . Sugarland 's representative said the group would offer no comment about the lawsuit .