Members savman1 Posted October 20, 2008 Members Share Posted October 20, 2008 My band was playing a gig this weekend, and some drunk got testy and tried to tackle a guy. In the process, he knocked over one of my Peavey SP 3's that was on a speaker stand 8 of 9 feet in the air. On it's way down, it took out a doubleneck guitar, that knocked over a single neck guitar. It landed on a BOSS ME-50 pedal board and a Yamaha club 12" Monitor. My bass player was standing beside my Peavey delta blues amp. He set his drink on top of my amp while talking to my singer. When the speaker landed on the stage, It knocked the drink over and spilled on the Delta Blues, Crate GX 40C, and a pedal board case. My drummer has a PDP set, and a floor tom mounted on the symbol stand. The Zildjan symbol was damaged. The police spent little time with me, and I didn't have hardly anytime to really checkout all of the damage. I got in at 4 that morning and went to sleep. I woke up that afternoon and went to DJ a gig. I was out late that night also. Now I'm at work and hadn't had much opportunity to check everything out. This is what I know. THe Peavey SP 3 isn't working. The Double neck has several broken strings, and a huge gash on the back of one of the necks. The BOSS ME-50 is ruined. The Monitor's horn doesn't seem to be working anymore and it has a bent grill. Liquids were spilled on the 2 amps and the both are cutting in and out. The pedal board bag was soaked in beer. The Symbol was cracked. One Boom stand is bent. I don't know if my single neck guitar was broke or not. KEep in mind it was late and dark inside the bar. One of my questions is, my Peavey SP 3's are different than the brand new ones. THey cost more, and the power is different. If the drunk has to replace the damaged speaker, would he have to replace the pair beacause they no longer make the one I Have? I'll post a link of the differences. Also, I was borrowing the Delta Blues, and the ME-50 to see if I wanted them. THe owners of them are going to be very upset. Does anyone know what I should expect here? http://images.google.com/imgres?imgurl=http://www.bass-music.com/images/product/sp3g.jpg&imgrefurl=http://www.bass-music.com/item.asp%3Fsearch%3DWS003%26submit%3DSubmit&h=340&w=219&sz=12&hl=en&start=83&usg=__unAYVU81mlNfVzpBzcN-3lgvhQU=&tbnid=cSRS5uh6_iQ0nM:&tbnh=119&tbnw=77&prev=/images%3Fq%3Dpeavey%2Bsp%2B3%26start%3D80%26gbv%3D2%26ndsp%3D20%26hl%3Den%26sa%3DN http://pro-audio.musiciansfriend.com/product/Peavey-SP-3-3Way-15-Speaker-Cab?sku=601391 Link to comment Share on other sites More sharing options...
Members flanc Posted October 20, 2008 Members Share Posted October 20, 2008 Expect to get the runaround from "the drunk". Man, I feel for you here...that sounds like a disaster! Lucky no one was hurt but it sounds like he did optimum equipment damage. Link to comment Share on other sites More sharing options...
Members Square Posted October 20, 2008 Members Share Posted October 20, 2008 What I think you can expect: 1)The drunk will not have enough money to pay for any damages, and if he/she does, they will have a line of creditors in front of your claim. 2)Unless the SP3 has significant cabinet damage, you need replacement parts, not replacement cabinets. I would think Peavey can sell you the parts you need to get the box operational again. 3)Anything damaged by a liquid can be at least partially blamed on the person who put the drink in harms way, thus the drunk who knocked over the speaker (or his lawyer) can claim less than 100% liability in those damages. Link to comment Share on other sites More sharing options...
Members kevinnem Posted October 20, 2008 Members Share Posted October 20, 2008 hate to say it, but I would be surprised if you even see a cent out of this. You might be able to approch the venue owner and say hey, maybe next time your secuitry guys should be a bit more proactive. Link to comment Share on other sites More sharing options...
Members savman1 Posted October 20, 2008 Author Members Share Posted October 20, 2008 Are ya'll serious? The guy has a job. Link to comment Share on other sites More sharing options...
Members SpaceNorman Posted October 20, 2008 Members Share Posted October 20, 2008 If there was a police report filed detailing the incident (regardless of whether any/all the damage was identified in the report) - you stand a good chance of getting a judgement against the guy in small claims court. Frankly, sometimes the simple act of serving the guy will be enough to show him you're serious and bring him to the bargaining table. Usually even stupid people realize that once you've got a judgement in your hands - you've got some leverage to make life miserable for them. It's worth a stab! Link to comment Share on other sites More sharing options...
Members ckcondon Posted October 20, 2008 Members Share Posted October 20, 2008 Wow, a perfect storm of bad luck at a gig!If there is a police report. Send a certified letter to the guy explaining the damage he caused and include an itemized list with repair/replacement totals. Give him 10 days to respond. If he does and is willing to make it right, great! If he doesn't, file it in small-claims court and be prepared to bring some witnesses and plenty of paperwork showing the value of damaged gear.Once you get a settlement, the fun part is collecting the restitution. Good luck! Link to comment Share on other sites More sharing options...
Members zax2000 Posted October 20, 2008 Members Share Posted October 20, 2008 Pictures, witness statements (expect reluctance), repair shop estimates ... then consult an attorney. If it doesn't add to more than $2k then he will likely (if he's not a prick) give you a starting point and a little advice and send you to small claims court. If it's more then some will represent you for $700-1000, even if you get the judgement the collection is another story and the attorney will want most or all up front.Personally, I would go the small claims route and the most you will spend will be a few hundred $$ and you might get lucky and get some back. Not sure, but the attorney may inform you that you need to sue the venue and/or the drunk. Link to comment Share on other sites More sharing options...
Members savman1 Posted October 20, 2008 Author Members Share Posted October 20, 2008 I had just gotten the double neck set up(neck, intonation, action, nut and fret work). That alone cost $200. What about the differences in the Sp 3 that I have, and the new ones. They have different power handling. If I did get one replaced, it wouldn't match the other one. Link to comment Share on other sites More sharing options...
Members flanc Posted October 20, 2008 Members Share Posted October 20, 2008 Also, I was borrowing the Delta Blues, and the ME-50 to see if I wanted them. THe owners of them are going to be very upset. If it were me I'd expect to be buying those too and going after drunk guy for damages. Link to comment Share on other sites More sharing options...
Members moody Posted October 20, 2008 Members Share Posted October 20, 2008 One thing not to do. Don't turn on gear that's had liquid poured all over it. It could still be saved up until the point that you put power through it. Link to comment Share on other sites More sharing options...
Members walkerci Posted October 20, 2008 Members Share Posted October 20, 2008 I would include a sentence to the following effect in the demand letter: "If you fail to pay the full amount demanded within 30 days, I will retain a lawyer and you will be liable for all legal fees in addition to damages." Another thing, if you have to rent equipment while the damaged stuff is getting repaired or you are searching for replacements, keep receipts and demand that the rents be paid by the drunk too. FWIW, my lawyer charges $250 per hour and fees add up VERY quickly. I am not a lawyer and this does not constitute legal advice. Link to comment Share on other sites More sharing options...
Members W. M. Hellinger Posted October 21, 2008 Members Share Posted October 21, 2008 I guess there are advantages to playing in a band comprised primarily of cops and lawyers... as well as most their spouses in attendance also being either cops or lawyers... and generally a good handful of groupies in the crowd that are also cops and lawyers. A couple years ago we were loading out after a bar gig... I had the van about 2/3 full of gear when my van started. I had no idea why my van should be started... all the band members were involved with loading gear into the back door. I couldn't see through the gear to the drivers seat, so I exited the back door and went around to the drivers door to see ??? Well... there's a blind drunk young gentleman behind the wheel fumbling around trying to find the headlight switch. I asked him "what's up?" He said: "You ever been to Mexico?" (the bar we were at was in N. Idaho). I said "Yes, I've been to Mexico, but what are you doing in my van?" He said "Going to Mexico!" By then most of the band, and spouses, and about a dozen groupie cops had gathered around. I said: Any of you folks want to take this from here? I was surprised how many cops carry handcuffs when off duty. You ever seen like 6 or 8 cops all impromptu drag somebody out of a Chevy van and all cuff him at the same time? Link to comment Share on other sites More sharing options...
Members dmb182 Posted October 21, 2008 Members Share Posted October 21, 2008 just to answer your question, i've been looking for the internal crossover's for the older sp3's for a few years now and still havent found them. It seems like they discontinued all parts when the new model came out. i have a pair of sp3's somewhere in my ware house with fully working speakers and no crossovers. Link to comment Share on other sites More sharing options...
Members jwlussow Posted October 21, 2008 Members Share Posted October 21, 2008 Insurance is your friend. Link to comment Share on other sites More sharing options...
Members MXDAD Posted October 21, 2008 Members Share Posted October 21, 2008 Insurance is your friend. Until you make a claim! Link to comment Share on other sites More sharing options...
CMS Author Craig Vecchione Posted October 21, 2008 CMS Author Share Posted October 21, 2008 Was this gig at a venue serving alchohol to the drunk guy? The answer to this question determines where you should be seeking reparation for the extensive damage to your gear. Link to comment Share on other sites More sharing options...
Members W. M. Hellinger Posted October 21, 2008 Members Share Posted October 21, 2008 Was this gig at a venue serving alchohol to the drunk guy? The answer to this question determines where you should be seeking reparation for the extensive damage to your gear. Yes, I agree. 1) Being drunk in public is generally illegal. 2) Serving someone who is apparently intoxicated is generally illegal, and in doing so, the establishment risks loosing their liquor license. Either way, concerning damage to a contractor's personal property during a drunken brawl at a venue open to the public, there should be due process available to get retribution. Link to comment Share on other sites More sharing options...
Members kevinnem Posted October 21, 2008 Members Share Posted October 21, 2008 the genrally acepted rule is to sue everybody and let the courts sort it out Link to comment Share on other sites More sharing options...
Members strategy400 Posted October 21, 2008 Members Share Posted October 21, 2008 If the clubs insurance won't pay, send "the drunk" a letter stating the cost of repair and intent to file suit if the damages aren't paid. If they don't respond file a suit in small claims court. It costs $75 and a few hours at the courthouse to file. You will need receipts/estimates for the damage. When he gets served he might be more agreeable to settling up. If not go to court, get a judgement, and garnish his wages. Link to comment Share on other sites More sharing options...
CMS Author Craig Vecchione Posted October 21, 2008 CMS Author Share Posted October 21, 2008 We need to first determine where this happened. Link to comment Share on other sites More sharing options...
Members W. M. Hellinger Posted October 21, 2008 Members Share Posted October 21, 2008 You will need receipts/estimates for the damage. I'd suspect in addition to the receipts/estimates for the damage, the plaintiff (if it comes to that) will request current property tax valuations from the county assessor showing the assessed valuation of the equipment in question. Link to comment Share on other sites More sharing options...
Members savman1 Posted October 21, 2008 Author Members Share Posted October 21, 2008 I was contacted by the detective working the case yesterday. He said make a list of the damage and get it to him. I'm going to take photos and take the items to repair shop. The district attorney's office will seek restitution. Failure to do so by the drunk guy will be breaking his probation. I just don't know what to do about getting equipment to use until something happens. I need a main, monitor, amp, and pedal board for sure. Link to comment Share on other sites More sharing options...
Members W. M. Hellinger Posted October 21, 2008 Members Share Posted October 21, 2008 I just don't know what to do about getting equipment to use until something happens. I need a main, monitor, amp, and pedal board for sure. Rent it, and supply the reciept for the rental to the DA as well. Link to comment Share on other sites More sharing options...
Members agedhorse Posted October 21, 2008 Members Share Posted October 21, 2008 Nice touch... the guy was on probation too? Wonder why they end up going back to jail... "but it wasn't his fauls" say the bleeding hearts. Yeah right, the guy was forced to get drunk and fight. C'mon... Link to comment Share on other sites More sharing options...
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