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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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If a person falls over my band equipment while i am playing

Customer Question

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: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.


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:

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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.