Liability for power failure, NOT ACT OF GOD

Liability for power failure, NOT ACT OF GOD

ron_mase@yahoo.com	2/10/2005 9:30:44 AM
I rented a ballroom in Baltimore for my wedding reception a few months back. Unfortunately, we were without power for 3.5 out 5 hours. To say that the reception was adversely effected is an understatement. The power failure was not caused by a storm, nor was it widespread (from what I could see, we were the only building without power). According to the local utility company, the failure was due to "Line Degradation." The equipment that failed is not owned by the ballroom, but by BGE (the utility company). Who is liable? Here is my take: THE BALLROOM The ballroom was failed by their supplier (the local utility company), but this should not release them from liability. Power failures do happen. They may happen infrequently, but they are foreseeable events and should not be considered an "act of god" when weather is not involved. The ballroom made a business decision not to have a back-up generator and knowingly accepted the risk, thus they are liable and in breach of contract. Is there anything wrong with this logic? Any case precedence someone might point me to? What damages might I seek? (I know tough to answer without seeing contract) TIA



"David Martel"	2/11/2005 1:31:26 PM
Ron, You have a good case for small claims court here. Falky wrote you a nice reply when you posted this in Dec. Send the hall a demand letter asking for a refund of about 80% of the hall rental plus the DJ's cost. Don't understand your complaint about the photographer but you may wish to include some of his fee, as well. In your letter make clear what you want in damages, give them 30 days to respond, and inform them of your intention to sue. First check to see what the limit on awards is in small claims. It probably doesn't make sense to take this higher than small claims though. If you have been told by the hall's management that this was an act of God then research this subject before your court date so you can explain why it was not. If they do not raise the Act of God issue then you should not. Good luck, Dave M.



ron_mase@yahoo.com	2/11/2005 12:35:52 PM
Dave: Thanks for the reply. I have tried to settle this through Consumer Affairs (a division of the Maryland Attorney Generals Office) with no luck. The owner of the ballroom has refused to arbitrate and contends that I am owed nothing. In her letter to the Consumer Affairs Office, she accuses me of trying to "cash in." I'm not certain how a refund in this instance can be considered "cashing in." I didn't even ask for damages. As for being an Act of God.....I have a letter from BGE (the local utility company) stating that the failure was due to a bad wire owned by BGE...thus, this can not be considered an Act of God. Can anyone point me to a similar case for precedence? Thanks. David Martel wrote: Ron, You have a good case for small claims court here. Falky wrote you a nice reply when you posted this in Dec. Send the hall a demand letter asking for a refund of about 80% of the hall rental plus the DJ's cost. Don't understand your complaint about the photographer but you may wish to include some of his fee, as well. In your letter make clear what you want in damages, give them 30 days to respond, and inform them of your intention to sue. First check to see what the limit on awards is in small claims. It probably doesn't make sense to take this higher than small claims though. If you have been told by the hall's management that this was an act of God then research this subject before your court date so you can explain why it was not. If they do not raise the Act of God issue then you should not. Good luck, Dave M.

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