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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Good morning. I need a little help as to where I stand with

Customer Question

Good morning.
I need a little help as to where I stand with this situation. I play guitar in a working rock band. Two weeks ago a very drunk customer stumbled on to the stage area and landed on my equipment causing around £100 worth of damage. My insurance excess is £100 so a claim would not financially benefit me. My question is whether the customer or venue can be held liable for the damage. I have been in contact with the venue who have promised to speak to their customer, but so far have heard nothing from them. They have also refused to pass her details to me so I may persue her for the funds.
I have been told that the customer was asked to leave the premises for being too intoxicated, but requested to visit the lavatory before departing. Rather than remove her there and then, venue management allowed her to use the facilities, and on her return from the bathroom she fell causing the damage.
£100 may not seem a great sum, but for a working musician getting £50 for the gig it makes a difference.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What is it you want to achieve?

Did you report it to the police?
Customer: replied 3 years ago.

Hi
I want either the lady who damaged my equipment or the pub that served her and then allowed her to remain on the premises whilst drunk and incapable to pay for the damage caused. The incident was not reported to the police as I wasn't sure if it woulsd be classed as criminal damage or a civil dispute.


I really want to knoe who is liable, as at this moment in time I am £100 out of pocket through no fault of my own. Also, the pub manager said he knew the lady so at the time I felt that the matter may be quickly resolved without the need of police intervention.


Thanks


Frank

Expert:  UK-Justice replied 3 years ago.
You should report it to the police.

Criminal damage is where property is damaged either intentionally or reckless.

But yes this is a criminal offence.

You should report it.

I hope this helps.






Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


I'm curious to know how getting the police involved will get my euipment replaced/repaired. Won't it take a long time to see any money (if any) if the drunk lady is charged and taken to court?


Thanks


Frank

Expert:  UK-Justice replied 3 years ago.
Well time is another thing,

You can get a quote for repair / replacement and then give that to the police.

Although you have to pay for it to be done first, you could be awarded compensation.

I hope this helps,





Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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