How do I determine liability if hired someone to DJ a party and their equipment was damaged?.

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How do I determine liability if hired someone to DJ a party and their equipment was damaged?.

The signed a contract that contained the following clause: “Damages{Customer Name} agrees to pay for all damages to {DJ Name’s} equipment caused by the negligence of {Customer Name} or any of the event guests.{Customer Name} must inspect the equipment prior to the start of the event to assure it is all in working order and free from any damage.” When the DJ was breaking equipment down, he left a piece of his gear on the ground and briefly walked away. When he returned the screen was cracked and pushed in and the link button would not work. No one knows what happened? Who is liable?

Asked on July 16, 2014 under Business Law, California

Answers:

Shawn Jackson / The Jackson Law Firm, P.C.

Answered 6 years ago | Contributor

Well, the initial set of words "caused by the negligence of..." will set the stage for the conversation. The other important fact as stated is that the DJ was at the location loading the equipment...so, when the "customer" liability ends and the DJ's liability begins again will require furhter facts. I would assume that the DJ will claimn that there is no other possible rational reason how the equipment was damaged...and the "proof" of such alleged negligence will be up to him...probably in small claims court. I would suggest that you gather more facts and perhaps a few witness statements...and then contact an attorney of your choice.

Shawn Jackson California Business Attorney


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