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If a person falls over my band equipment while i am playing

Customer Question
at a gig in a...
if a person falls over my band equipment while i am playing at a gig in a bar can that person make a suit against me
Submitted: 2 years ago.Category: Legal
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Answered in 24 minutes by:
12/24/2015
Lawyer: Gerald, Esq, Lawyer replied 2 years ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,581
Experience: Over 30 years of experience
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Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes, you are subject to suit in such situations. However, the degree that you can be held liable depends on the level of negligence of the other person, and also potentially the level of negligence of the Bar.

Of course the person who falls would need to prove that you had a degree of negligence in setting up the equipment. That is that you set it up in such a way that a trip and fall would be at least somewhat likely.

California follows what is called a Pure Comparative Fault Rule. Under this rule an injured party may recover even if he is 99 percent at fault. However his recovery would be reduced by the percentage the injured party is determined to be at fault.

Additionally, the Bar may also have a portion of liability. Generally, the Bar owner will have liability insurance against falls. Since the Bar has the deeper pocket the person who falls is more likely to pursue the bar owner.

Nevertheless, you may wish to look into insurance to cover your own potential liability.

The following link may also provide you some useful information on this issue:

http://statelaws.findlaw.com/california-law/california-negligence-laws.html

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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