what kind of attorney what i need for someone hitting me on their property

What should you do if someone is injured on your property?

Jan 22, 2019 · If they only have a limit of $5,000 and the damage to your car is $8,000, you may have to sue the driver for the $3,000 difference in order to repair your car. Other types of property damage may be covered under your homeowner’s insurance policy, but only under certain circumstances. If your teenager hits a baseball and it flies through your ...

What kind of lawyer do I need to sue my Neighbor?

Oct 07, 2020 · Call a Personal Injury Attorney. Will help determine who is at fault, especially in cases where businesses or property owners place blame on a third-party such as city officials ; Can assist with figuring out if your medical bills can be paid from the property owner’s “med pay” policy; Can investigate prior similar incidents on the premises

When to hire a lawyer to sue for property damage?

Tweet. Neighbor harassment is a term that includes intentional harassment or offensive behavior directed toward someone who lives next door or nearby within the same community. It can include assault and battery charges if the behavior becomes severe. In any event, a lawyer will be needed to defend you if you have been charged with harassing a ...

What are my legal options if I was hurt on private property?

Apr 30, 2020 · If you do not have the time or knowledge to work through the court process, then a qualified attorney can handle your case. The type of attorney you need may depend on the specifics of the issue. You may need: A real estate attorney (property lines disputes) A criminal law attorney (stalking or threats - see below)

What happens if someone else harms your property?

But what happens if someone else intentionally or accidentally causes damage to that property, especially when it’s considered valuable? When someone else harms your property, you become a victim of property damage.

What happens if you suspect your home was damaged?

Call the police immediately if you suspect your home or property was damaged on purpose (or if you witnessed it happening). Depending on the severity of the damage, the individual in question may be charged with a misdemeanor or felony for vandalism or destruction of property.

How to take a small claim to court?

For smaller claims, you can take the defendant to small claims court. People often take this route for small claims or when there is a failure to follow through on a previous promise to pay. In small claims court, you need to demonstrate property damage and prove it was the defendant’s fault – while also proving the property’s value, too. Bring any documentation you have that provides evidence of a promise to compensate; the presiding judge can order the defendant to honor the original agreement.

What are some examples of accidental situations?

Let’s say, for example, you are walking an antique vase from a house to the car and trip over a crack in the sidewalk. The vase crashes to the ground and is destroyed.

What is considered negligent property damage?

Negligent property damage: When someone’s carelessness directly results in harm. For example, if a neighbor’s tree falls onto your roof and causes damage, it may be considered negligent because they didn’t take proper care of it. Accidental property damage: When someone causes damage, yet it wasn’t intentional.

Does homeowner's insurance cover a baseball?

Other types of property damage may be covered under your homeowner’s insurance policy, but only under certain circumstances. If your teenager hits a baseball and it flies through your neighbor’s window, the liability section of your policy may cover you. If you are mad at your neighbor and intentionally hit a ball through his window, you will not be covered. Negligence (like not telling your teen to not play baseball near windows) is usually covered, but willful acts are not.

Does property damage insurance cover damage to car?

Some insurance premiums cover property damage, but coverage may be highly dependent on the scenario. Let’s say you’re in a car accident caused by another car and driver. That driver’s insurance may pay for the damage to your vehicle, but only if they carry a high enough property damage liability limit to cover the damage to your car. If they only have a limit of $5,000 and the damage to your car is $8,000, you may have to sue the driver for the $3,000 difference in order to repair your car.

What happens when neighbors dispute?

An escalating dispute between neighbors can result in a court-ordered injunction or restraining order. Generally, such behavior must occur over time and be directed towards a specific person who is reasonably alarmed or seriously annoyed by it.

What is the charge for harassing a neighbor?

Depending on the severity of the neighbor harassment, you could be charged with a disorderly person offense, usually an infraction, or the more serious offenses of assault and/or battery.

What is neighbor harassment?

Neighbor harassment is a term that includes intentional harassment or offensive behavior directed toward someone who lives next door or nearby within the same community. It can include assault and battery charges if the behavior becomes severe. In any event, a lawyer will be needed to defend you if you have been charged with harassing ...

Can you be charged with harassment?

You can be charged with harassment if your behavior is intended to harass a particular person or persons. If the conduct is merely insensitive, thoughtless or profane, it does not necessarily constitute a crime.

Is it a crime to harass a neighbor?

Although many neighbor disputes are minor, if not mildly annoying, any act by you that poses a physical threat or which is repeated and irritating can be considered criminal. You may need a criminal defense lawyer if you are charged with harassment.

Is harassment a felony?

Neighbor harassment is often a misdemeanor, but can be enhanced to a felony if the offender has a prior misdemeanor conviction or the act involves an imminent threat of violent action. Although most states require that the harassing behavior occur multiple times, if it involves a threat of violence that could result in death or severe physical ...

How to stop a neighbor from stealing my property?

Speak in court or privately with a judge. Settle the case for money or another resolution that (hopefully) makes your neighbor stop.

How to sue for a neighbor's harrassment?

How to Sue for Neighbor Harassment. One of the most effective ways to get a resolution is to take your issue to small claims court. People can represent themselves in small claims court, but this takes time and strong evidence. If you do not have the time or knowledge to work through the court process, then a qualified attorney can handle your case.

How to get a restraining order from your neighbor?

Get a restraining order if your neighbor is threatening you or acting dangerously. File a police report (the police may not take action but it will at least be on record) File a noise complaint with your landlord or the police. Start the process of suing your neighbor for harassment (read on for more information)

What happens if your neighbor breaks a restraining order?

Once your case is resolved, you will want to be ready to re-document new actions or call the police if your neighbor breaks a restraining order. If your neighbor repeats any behavior, they may be arrested, fined, or go to jail. It might feel tempting to move away just to escape this neighbor.

What is the line between civil cases and criminal harassment?

The Line Between Civil Cases and Criminal Harassment. Any harassing behavior over any period of time should be taken seriously. Things can (and usually do) escalate quickly. Say you notice a neighbor throwing items at your dog because they don't like it barking. You might ask them to stop and both of you start arguing.

How to stop a harasser?

You should involve the police right away and find a criminal law attorney to stop the harasser long-term. Taking legal action can help stop them (sometimes called "cease and desist" orders) from escalating their actions and keep you and your family safe.

Why do you need a free consultation with an attorney?

It is a smart move to do a free consultation with an attorney to understand what kind of case you are looking at. They can help outline the process, tell you what to document, or direct you to a criminal law attorney if things are dangerous.

How to demonstrate injury on property?

The demonstration can be done through legal documentation or picture evidence. Make sure to file your suit against the person who is the legal property owner.

Who is responsible for injuries on a property?

A property owner can be held responsible for injuries occurring on their property in many ways. If a property such as a construction site is unsafe right from the beginning, it is the owner’s responsibility to provide critical warning to the visitors and outsiders. It can be appropriate grounds for a lawsuit against the owner in case he shows irresponsibility in providing proper warning.

How to win a premises liability suit?

A set of foolproof evidence is mainly what you need to win a premises liability suit. When collecting proof for your suit, keep in mind to emphasize on the solid evidence that would be the winning factor for you. Primarily, you must be a master at demonstrating your injury that had taken place on the property. The demonstration can be done through legal documentation or picture evidence. Make sure to file your suit against the person who is the legal property owner. You must highlight the fact that your injury is the outcome of unsafe conditions that the property owner was responsible for to prevent. These are the basic facts that you need to demonstrate well to get better at your chances of winning the suit.

What is a licensee in a home?

A licensee is a person who is permitted on the property but who is not there for business purposes. It is required for the homeowner to warn licensees including social guests by making them aware of dangerous conditions on the property. After providing a proper warning, the homeowner is free from liability.

What is a trespasser in a home?

With respect to each category, a homeowner has different set of responsibilities. A trespasser is a person who is not permitted on the property. The law states that a homeowner must not be involved in any willful conduct intended to injure anyone on the property, including a trespasser.

What is an invitee in a property?

An invitee is a person who is on the property for business purposes. An invitee is supposed to receive the highest level of protection. The law states that the homeowner is obliged to take substantial measures to make the property entirely safe for the invitees.

What are the facts that you need to demonstrate to win a lawsuit?

You must highlight the fact that your injury is the outcome of unsafe conditions that the property owner was responsible for to prevent. These are the basic facts that you need to demonstrate well to get better at your chances of winning the suit. Property Owner might be at Fault.

Who can help an individual bring an action against their neighbor?

In these situations, the city attorney or town counsel may help an individual bring an action against their neighbor. If an individual lives in a condominium, cooperative, or a planned community, the unreasonable conduct may be prohibited by the bylaws or regulations of that community.

What is nuisance in real estate?

A nuisance is the unreasonable, unlawful, or unusual use of an individual’s land which substantially interferes with another property owner’s right to enjoy their own property. Nuisance may include: Noxious smells; Loud noises;

What are some examples of nuisances?

Examples include: Noise from a racetrack; Noise from a music festival; Odors from hog or bird farms; Noise and odors from a landfill;

What happens when a nuisance occurs?

When a nuisance occurs, a court may order the responsible party to limit or cease the activity cause the nuisance by issuing an injunction. The individuals who were affected by the nuisance may also be entitled to damages. If the nuisance is criminal in nature, the responsible party may be jailed or be required to pay criminal fines.

Can a neighbor be liable for noise?

There are situations in which an individual may be liable for noise, light, or odor emissions. In general, to prove a nuisance involving a neighbor’s noise, light, or odor emissions, an individual will have to show that: Their neighbor is emitting noise, light, or an odor from their land; Their neighbor’s action unreasonably interferes with ...

Can you sue a neighbor for a nuisance?

Yes, it is essential to have the assistance of an experienced property attorney for help with a nuisance from a neighbor’s noise, light, or odor emission. If you are being affected by your neighbor’s emissions, an attorney can help you sue your neighbor and get the nuisance to stop. If you are being sued by your neighbor for a nuisance, ...

Is the neighbor negligent?

The neighbor causing the nuisance was not negligent; There are contributing or alternative causes for the nuisance; The injured individual is abnormally sensitive to the noise, light, or odor emissions; or. The injured neighbor is themselves negligent.

What is the duty of a property owner?

According to this standard, a property owner owes the duty to repair and fix known dangers. Additionally, they have an obligation to reasonably inspect for, discover, and fix unknown hazards in those areas of the property of where an invitee may have access to.

What is the duty of care of a landowner?

Generally speaking, the law requires landowners to maintain their property in the same way that another reasonable person would. If the landowner fails to do so, or breaches their duty of care to those entering their property, they may be liable for negligence. As previously mentioned, a property owner’s duty of care under premises liability laws ...

What are the conditions of liability?

The following are some conditions that must be present for liability: 1 There is a dangerous condition which exists because the property owner created it, or maintained it; 2 The hazardous condition was likely to cause death or serious bodily harm; and 3 The landowner failed to exercise the duty of care to warn the trespassers of the condition and the risk present.

Do landowners have to inspect their property?

However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers.

Do property owners owe trespassers a duty?

Property owners do not owe a duty to protect trespassers who enter their property. However, property owners cannot willfully injure trespassers. If there are frequent trespassers on the property, and the property owner is aware of them, they may be held liable for the injuries sustained due to an unsafe condition on the property.

Do you have to tell your guests about a hazard?

The level of care is lower for licensees than an invitee. If you are aware of any potential hazards, tell your guests. If you are aware of a hazard, and do not tell your guest, it could result in you being liable for injured social guests.

Can a parent be held liable for trespassing?

A child trespasser’s parents may be held liable for civil damages, especially in cases involving the child damaging the property.

What is the duty of a property owner?

The property owner’s duty is simply to avoid “willful or wanton misconduct.”. The meaning of “willful or wanton” has been described as, conduct in reckless disregard of the safety of another. This is a different standard than simply being negligent to warn of a dangerous condition. This concept can be tricky, because sometimes a person can enter ...

What is a licensee on a property?

If a person is permitted to be on your property by your actions (inviting a social guest or neighbor to come over to your home) or if they are permitted by law to be on your property , they are generally classified as a licensee. Examples of licensees are:

What is the duty of a licensee?

In other words, you have a duty to warn of hidden or non-obvious dangerous conditions which you know about or should know about . This could be a broken step, a non-obvious hole in the yard, a rotted piece of handrail or deck, a hidden tree root or other hidden or obscure things on your property. Some courts have held that with respect to licensees, a landowner has no duty to make a special inspection of the property for hidden or latent defects. The thought is that the licensee is in the same shoes as the landowner, and thus the duty of the landowner is to make sure of adequate disclosure of any dangerous conditions that are known to the landowner.

What is a trespasser?

The definition of a trespasser is essentially a person who comes onto the property without consent, permission or any right to be on the property. A trespasser is offered little protection under the law if he or she is injured on someone’s property. The property owner’s duty is simply to avoid “willful or wanton misconduct.”.

Should you warn your guest of a broken step?

While your guest must keep their eyes open for obvious conditions which anyone should see, it is your responsibility to warn them of conditions that are not obvious or hidden that you know about. So, if you have been meaning to fix that broken step or railing with an expose d nail, you should either fix it or warn your guest of it.

Should you permit trespassing?

As a property owner, you should be careful not to permit trespassing. For example, if your property becomes a short cut for others to cross through and you are aware of it, this could lead to an argument that you are “permitting” trespassing or the trespasser was foreseeable and thus you must exercise more care to prevent or warn of a dangerous condition. Posting “no trespassing” signs or putting some sort of barrier can be helpful for property owners to argue that the injured party was a trespasser and clearly knew they were not permitted to be on the property.