Legal Question in Civil Litigation in California
Neighbor at Fault?
Our neighbor has a teenage son, who apparently is having a feud with a friend of his. The result has been several incidents of vandalism to the neighbor's home, with our home, unfortunately, experiencing some ''fallout'' from the feud, i.e, the neighbor's house gets egged, ours does too. The incidents have increased in frequency and severity (eggs thrown at windows instead of walls, and neighbor's car was covered in tampons). The neighbor is very reluctant to confront his son in order to identify the perpetrator, and when I suggested the neighbor contact the police, he was very loathe to do that (I notified the police and have advised them of the increase in frequency and severity). As a result of these incidents, I have felt compelled to check on the safety of my home on a nightly basis. If the situation is not resolved, and more incidents occur, can I take legal action against my neighbor for creating a situation where I cannot enjoy my home in peace?
2 Answers from Attorneys
Re: Neighbor at Fault?
Your neighbor doesn't seem to be doing this on purpose, so if you have a case at all it must be based on negligence.
To win a negligence case you would have to show, among other things, that your neighbor owed you a duty and that he breached it. I don't see any such duty based on the facts you have provided.
Even if you could identify such a duty and even if you could show that your neighbor had breached it, you would also have to show that the breach caused the harm you're complaining about. Since you acknowledge that your neighbor isn't the one committing the vandalism, this would be a hard argument to make. The vandalism is the intentional act of third parties, and normally the negligence of one person is not deemed the legal cause of something intentionally done by another.
Finally, even if you could win a lawsuit against your neighbor, your damages would probably be much too low to justify the effort and expense.
Re: Neighbor at Fault?
I second Ed's opinion. Your case is against the egg-throwers, not the egg-targets.
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