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What's the etiquette in this situation?


bassbiscuits
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I'd like your opinion on something....

I did a gig this weekend - a birthday party function event - which went pretty well.

Apart from the drunk woman who staggered backwards into one of our speaker stands, knocking the stand, the PA speaker and our desk over as she slid to the floor, amazingly missing the piano player sitting right behind it.

We had to stop the gig to put things right. The stand was broken. But rather than apologising or even acknowledging it, she stood straight back up and went back to her table.

Now - what is the correct way to handle that situation?

I said nothing to her about it, mainly because I didn't want to risk spoiling the rest of the audience's night by having an argument with this drunken guest. There was nothing she could do to put it right anyway.

It got me thinking about what the best way is to handle that kind of thing? Any thoughts?

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Could the cost of occasional damage be considered as factored into the amount charged for performing? Especially as intoxication is a known hazard, both off and on stage... :-)

So I suppose I'm saying you did handle the situation correctly IMHO

Edited by r16ktx
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[quote name='r16ktx' timestamp='1447089496' post='2904752']
Could the cost of occasional damage be considered as factored into the amount charged for performing? Especially as intoxication is a known hazard, both off and on stage... :-)

So I suppose I'm saying you did handle the situation correctly IMHO
[/quote]I assume stands and the like could be, being relatively cheap, but it would be hard to factor in a cab head or a bass.

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Invoice the customer for your costs. Be polite and explain that someone has to cover the cost of the damage, and it shouldn't really be the band. I would probably say though, that you don't stand (no pun intended!) much chance of actually being reimbursed for the cost of the replacement stand, but at least you'd have made your point.

By the sound of the gear that went over, it could have been much, much worse than a broken stand.

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[quote name='EssentialTension' timestamp='1447089652' post='2904753']
Personal liability insurance ... including for when the PA falls on someone and they sue you.
[/quote]

That's for the band's liability to someone else.

Don't be surprised if you do try and follow it up to be on the receiving end of a claim against you for injury sustained as a result of tripping over one of your "dangerously"* sited stands...



*ie you and I know it wasn't, but she'll still try it on...

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I would tend to agree that you should just leave it. Maybe have a word with the person that booked you at least to let them know you are not happy. You never know, they might pay or get the offender to pay, but I wouldn't push it. It will only create bad feeling and you can get stands pretty cheap. It is annoying but let's face it, it's one of the hazards of playing music to drunken people

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[quote name='Jakester' timestamp='1447090274' post='2904767']
That's for the band's liability to someone else.

Don't be surprised if you do try and follow it up to be on the receiving end of a claim against you for injury sustained as a result of tripping over one of your "dangerously"* sited stands...



*ie you and I know it wasn't, but she'll still try it on...
[/quote]

This.

People suddenly realise when they sober up that they have a terrible back injury which only a no win no fee claim will cure.

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I know from previous experience that shops as an example, even if they display "breakages must be paid for" notices cannot make customers liable for accidental damage. I'd imagine that unless any damage in your case was malicious, and thereby becoming criminal damage, you don't have any redress to either the drunk lady or your client.

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[quote name='EssentialTension' timestamp='1447089652' post='2904753']
Personal liability insurance ... including for when the PA falls on someone and they sue you.
[/quote]

I was going to say, think yourself lucky she didn't get hurt or cause injury to anyone else.
PLI is one thing, but so is the health and safety factor and what that could involve...

The wider issue is that at some point this will be regulated as such..altho the venue should have it...etc etc
can of worms opening...

See if you can use it as a wake up call or learning curve on how you set-up up what many would see as a business..??

Edited by JTUK
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[quote name='Jakester' timestamp='1447090274' post='2904767']
Don't be surprised if you do try and follow it up to be on the receiving end of a claim against you for injury sustained as a result of tripping over one of your "dangerously"* sited stands...
[/quote]
[quote name='Truckstop' timestamp='1447090781' post='2904778']
Just leave it. No big deal is it? Just replace the stand and move on. sh*t happens, no-one got hurt and at least she didn't break anything worth hundreds of pounds.
[/quote]

Your answer is leave it, and the reasons are articulated nicely in the above two posts

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Something similar happened to us last year, playing a friend's wedding. After finishing at midnight, they asked if they could use the PA for the rest of the evening. We agreed to pick it up the next day, and I showed the groom the fastest way to power it all down. When I turned up the next day, one of the speaker poles had pierced through the top hat on the subwoofer, with the pole completely through to the bottom. Luckily, it managed to miss both the driver and the amp, and the only damage was a new speaker hat, slightly annoying as they are JBL specific and it cost £45. We cut our losses and left it. One of the hazards of playing to drunk people, as mentioned above.

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Well....

Playing the Dog and Duck this Saturday night just gone. One guy becomes progressively more p****d as the night goes on, falls over twice....... before he falls for the third time against the speaker stand stage right, which in turn falls and misses the guitarist by two foot or so.

The speaker stand looked bent at the time. I checked it the next day however and it appeared straight. I was none too happy about the potential damage to my FBT front of house speaker thought, as they're over £1200.00 for the pair :angry:

I must admit I thought about much of the discussion covered above the following day

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Saw a nice Les Paul get knocked off a stand and trodden on once by a drunk who wanted us to play Delilah. You cant protect everything, but I'm never comfortable with heavy stuff like speakers on tripod stands in pubs where the stage is often not big enough. so the stand goes where people can get to it. Its a nasty accident, and a big claim, just waiting to happen.

If you cant tie it to a pillar or something, much better put on a table or a crate. Doesnt look good but safer.

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[quote name='Mykesbass' timestamp='1447094450' post='2904824']
I know from previous experience that shops as an example, even if they display "breakages must be paid for" notices cannot make customers liable for accidental damage. I'd imagine that unless any damage in your case was malicious, and thereby becoming criminal damage, you don't have any redress to either the drunk lady or your client.
[/quote]
But if they weren't drunk in the first place then it wouldn't have happened. Like drink driving...

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[quote name='LayDownThaFunk' timestamp='1447104571' post='2904975']
But if they weren't drunk in the first place then it wouldn't have happened. Like drink driving...
[/quote]

Then you are opening a can of worms with the venue possibly being liable as it is an offence to allow customers to get drunk - never seen that one policed!!

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I once played with a fuction band where the guitarist put his camcorder on top of a PA speaker so it had the front of the stage / band area in its field of vision and he recorded every gig like that in case of any accidents or disputes. I'd forgotten about this until this thread. Probably easier now with mobile phones and dashcams, too.

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