Legal Question in Civil Litigation in Connecticut

Here is this situation. A former band member is saying hes going to sue me for damaging his guitar pedal. 8 months ago, we had a show in which part of my act was spitting up fake blood. 8 months go by, and he just now tells me that because of my blood landing on his guitar pedal, it shorted it out, and he needs a new one. He says he can take me to court. Is this a a valid claim? Why wait for 8 months to go by an then try and get money? He was well aware of the act, and the possibility of getting it on the pedal. Can he sue me?


Asked on 10/12/10, 12:06 pm

1 Answer from Attorneys
Kristen Garlans Kristen Garlans, Esq.

There is nothing stopping him from suing you, but at this point he would have a hard time proving that you caused the damage. The pedal probably got a lot of use since your show, and it's strange that he would wait so long to contact you.

Unless it's an extremely expensive pedal (more than $5,000) he would have to take you to small claims court. The rules tend to be relaxed in small claims compared to superior court, but you would still want to argue that there is no way to prove you caused the damage. You might also want to state that, even if he could prove you got fake blood in his pedal, as a member of the band and a participant in the act, he was responsible for any damage that may have been caused.

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Answered on 10/18/10, 11:56 am


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