Legal Question in Real Estate Law in Nebraska
Damage to business equipment
Performing karaoke at a local tavern. Some patrons were singing and started jumping up & down during their performance. One of them fell back and knocked my equipment off a table damaging a cdg player beyond repair.
Gave the owner of tavern bill for equipment. Said I was responsible because they were my karaoke clients. I told him it was his responsibility to provide security for all patrons in tavern including myself & equipment. He said he's not liable because I didn't safely guard my equipment.
Equipment sets on a table behind singers. During a normal performance they don't come any way near equipment. Told night manager week prior they needed to control crowd better because some of them started dancing on a table nearby and broke it. Tavern owner said I was liable for that too because they were near where I was set up and should have been controling them. I said he was responsible for crowd control. He said they are my customers. I said he is my customer, they are his. Can I sue for replacement + 2 weeks of lost revenue due to no equipment available.
2 Answers from Attorneys
Re: Damage to business equipment
First, look to your contract to determine if liability for customers acts is included in the agreement. If you don't have a written contract, you should spend the money to have an attorney draft a standard contract for your business, and it should cover situations like this.
If you were employed by the tavern, and paid by the tavern to provide entertainment, no contract clauses put the risk of damage to your property on you, and the singers didn't pay you, then the tavern owner is most likely liable. Generally, business owners are responsible for the foreseeable acts of their customers. If it was reasonably forseeable that karaoke singers would move about the stage, and dance, then the business owner is responsible for providing a safe place for them to do so, or warn them not to. On the other hand you have the responsibilty to protect your equipment, and if the singers had previously come near the equipment and you did nothing to protect your eqipment or alter their behavior, you may be liable.
Finally, since this is a tavern, the owners have special responsibility with respect to over-served guests. If they were drunk, and fell into your equipment because of it, the owner is on the hook. Generally tavern owners are on notice that drinking patrons sometimes need more supervision and control than old ladies tea parties.
This is a close question which may turn on facts you haven't mentioned. Talk to a local lawyer who can get the additional information that will give your a specific answer.
Re: Damage to business equipment
Good questions . . . was there a contract (oral or written) involved? Property owner has non-delegable duty for personal injuries, but not property damage. If you could reasoanbly get a replacement cd player in the two weeks he's not going to be responsible for lost revenue . . .
You can sue him for the cd player, but absent a contractual duty or negligence on the part of the bar owner, its a tough claim . . .
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