Who is legally responsible for my damaged property?

Question

our neighbour has been making repairs to his fence and left lots of rubble in the access road behind our houses, i have just driven along the road and punctured my tyre from a nail in the rubble behind his property......is he liable to pay for the repairs? where do i stand legally?

Answer 1

Yes it sounds as if your neighbor is responsible. You might make contact and see if they step up and take care of it, but if they don't you may have to take them to small claims court.

Answer 2

You could try talking to him first,, if not you then your husband in a very calm way and polite, if you get no results with that then take him to smal claims court! Magistrate is what we have here and make sure what the law is first where u live on how much you can get first in case the damage is more then the Magistrates office allows. But hopefully he will be a man a step up and clean up his mess and take care of the cost of your tire!  Im not a big fan of courts unless it has to be! I hope talking to him will help your problem! And yes he's liable.

take care

bonnie j

Answer 3

A difficult one.  First I would speak pleasantly to your neighbour and explain the problem and hope that he agrees to pay for the repair.  If he wont pay then I would speak to citizen's advice and possible go through the small claims court, but this may cost you far more than the cost of the repair.  Best of luck.

Answer 4

I'd complain and hope he offers to do the decent thing. I would not expect him to but would not waste time effort a the ill will of a County Court small claims action.life is to short  

Answer 5

He would be legally responsible but only if you can prove he dropped the nail, or he admits it. (there is little chance of a legal end)  If I was you id hammer a nail into each of his tyres and maybe he will learn a lesson.

Answer 6

Good luck with that one.  Driving on public roadways is often the source of flats.  Can you prove that it's his rubble?  Whose fault is it that you chose to drive through it?  Whose job is it to clean up the rubble?  I'm sure it's his fault, but you would never see any money, you would be out your own good time and energy, and you would make a lifelong enemy out of your neighbor.  Get the flat fixed, pay a small amount of money and maybe politely tell your neighbor what happened.  It's a small world after all.

Answer 7

I think Scott's answer sums it all: the theory says you are entitled to compensatory damages but in the real world you're on your own. Think about all the time you are going to waste with this. In a real world, the best is to swallow the bill and move on. Your own time is worth more that that. We only live 900,000 hours. Save each and every one for something worthwhile.

Answer 8

Well it sounds like a public access road that has been the target of some illegal dumping of possibly dangerous materials.  In this case I would first ask your neighbor to pay for the repairs and then if he does not threaten legal action.  If he doesn't come around talk to a lawyer and check out their fees.. (it may not be worth it).  If you feel that you are still ready to pursue legal action warn your neighbor again that it is better to settle out of court instead of dealing with a sure-lose situation for him(this is important to show that you have good will and gave him plenty of opportunities to pay).  Lastly, if after all is said and done go ahead and take him to court and be sure to also sue for court fees and some damages (the cost of all the trips to the lawyer, lost wages if applicable, anguish if he becomes irritable, etc... your lawyer will know how to exact more damages so ask)  That's about it.

P.S. Be sure to send some of those damages my way if you win a nice settlement.