neighbor liability issue?

B

BigAl3

New member
i was curious... both my car and father's have been getting really bad water spots due to the neighbors sprinklers which he runs during the hot hours of the day (this mist carries over almost every time), which makes for quick drying hard water spots (unfortunately, we can't park anywhere else). is he liable for that, or am i SOL? also, should i kindly ask him to program (if possible) the sprinklers at night when the gust/winds aren't as bad? any thoughts, opinions or suggestions?



p.s. this neighbor is a grouchy old man and nobody talks to him. it's bad enough my window is outside next to his trash can, and he throws a piece of trash in it and slams the trash lid at least a dozen times a day, and then slams the door when he goes inside...



p.s.s. he also has a tree that leaks sap as well...
 
I wouldnt think he is liable for your water spots, although it's not a act of god and it is something he can control. Interesting question, I will ask my lawyer friend and see what he says. I would talk to the guy and see what he says. I know it's not easy when you might have a problem with someone you have to live by and see almost everyday. I guess tree sap is an act of god.



I thought you were supposed to water when the sun's not beating down on the grass? Burns the grass or something. I water at night.
 
RDAVEX7 said:
I thought you were supposed to water when the sun's not beating down on the grass? I water at night.
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exactly, as the the water won't evaporate quickly from the hot heat (or water later in the evening). the guy (his wife isn't too nice either) is pretty cynical, and i know he has no consideration for anyone else in the neighborhood. one time, these young kids (must of been a 8 years or younger) were going door to door selling candy and when they came to their door, the wife yelled aggressively, "what part of no don't you understand". i mean c'mon, it's a young kid... :mad:
 
Nice neighbors you have there.:eek: Maybe he would understand if you told him that it's better to water his lawn at night, because in the daytime most of the water just evaporates.
 
Mark77 said:
Nice neighbors you have there.:eek: Maybe he would understand if you told him that it's better to water his lawn at night, because in the daytime most of the water just evaporates.
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i would but knowing him, he would take it personal and who knows what kind of drama would start then (he always has negative energy). you would think he would get the clue when most everyone else waters later in the evening as well. i'm almost thinking i should just leave it be and not even bother...
 
Dirty deeds done dirt cheap. Call ( 555-555-5555 )



Like I told you before BigAl3,� I work at night.� :bat
 
miahman98 said:
Dirty deeds done dirt cheap. Call ( 555-555-5555 )



Like I told you before BigAl3,� I work at night.� :bat
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:rofl LOL... maybe i can pay you to have your dog, "accidently" sick him... :laugh:
 
I'm not sure what the legal ramifications are, but I have a couple of suggestions or observations to share:



Even if he watered at night, it's not going to completely eliminate water mist getting on your car; especially if it's a windy night. Yes, sun adds more fuel to the fire, but any water is not helpful. 2 options I think you have are to either park your cars away while he waters or ask him to reprogram his timer to a time your vehicles aren't at home(could upset him?). Think of the bright side; atleast you're fortunate enough to know when he waters to completely avoid the situation. He might notice you moving your vehicles every time he waters and could ask if he can do something to help?
 
BigAl3 said:
i was curious... both my car and father's have been getting really bad water spots due to the neighbors sprinklers which he runs during the hot hours of the day (this mist carries over almost every time), which makes for quick drying hard water spots (unfortunately, we can't park anywhere else). is he liable for that, or am i SOL? also, should i kindly ask him to program (if possible) the sprinklers at night when the gust/winds aren't as bad? any thoughts, opinions or suggestions?



p.s. this neighbor is a grouchy old man and nobody talks to him. it's bad enough my window is outside next to his trash can, and he throws a piece of trash in it and slams the trash lid at least a dozen times a day, and then slams the door when he goes inside...



p.s.s. he also has a tree that leaks sap as well...
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Provided you take certain steps, I think he would be liable 100%.



Plain and simply, you cannot create a condition that damages your neighbors property (provided you can show that "water spots" constitute damage). See, you are almost asking the wrong question.



Instead of asking "is he liable", I think the better question is, "is this something for which I have recourse to seek compensation"? That is a much more difficult question to answer.



As a part of all litigation, you have two aspects of a case: liability and damages. Liability is "fault" and damages is a question of "how much". It's the "how much" you would have problems with.



Imagine you are in small claims court before a Judge who is 60 years old, takes his car to the quickie wash for $5.99 twice a month and you are telling me that this grumpy old neighbor of yours has caused you $600 worth of damage (3 detailing appointments) to repair the alleged damage. Do you think he'll be a sympathetic ear?



My guess is not, so I think you're in a bit of a pickle and the reality is that you'll still get water spots even if he waters at night. I really don't know what the answer is, but probably just to ask him nicely and maybe he can turn his sprinklers in such a way that it won't mist on your car.
 
Take a video of his sprinklers in action and make sure you show the water getting on your car. Then video the water spots that are left. Now go get a quote from your local detailers. Pick the highest price (“best qualified detailer“ ) and bring all this to the lawyer or small claims court.



If I was you I would go to the lawyer with your evidence to make sure you have a case. If he/she tells you yes you will probably have to talk to your neighbor first to show you tried to resolve the problem. If that doesn’t work then go on with the small claims with all your evidence.



I think small claims court is your best bet. Good luck.



Ps. Or go to Judge Judy, they pay win or lose. And fly you out to California and put you up in a hotel. :woot2:
 
miahman98 said:
Take a video of his sprinklers in action and make sure you show the water getting on your car. Then video the water spots that are left. Now go get a quote from your local detailers. Pick the highest price (“best qualified detailer“ ) and bring all this to the lawyer or small claims court.



If I was you I would go to the lawyer with your evidence to make sure you have a case. If he/she tells you yes you will probably have to talk to your neighbor first to show you tried to resolve the problem. If that doesn’t work then go on with the small claims with all your evidence.



I think small claims court is your best bet. Good luck.



Ps. Or go to Judge Judy, they pay win or lose. And fly you out to California and put you up in a hotel. :woot2:
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Why run out and try suing someone before talking it over with them 1st? Do you actually live your life this way? What's this world coming to?
 
What do you do when it rains? I doubt if any judge worthy of the bench would hear a case (even in small claims) about a sprinkler. You would have to prove malicious intent on the part of the neighbor, which is basically impossible. Might be a good time to grab a six-pack and pay the old boy a visit. ;)



Lawyers will take any case...don't spend any money before you at least try to resolve it yourself. Good luck.
 
Like I stated before “ you will probably have to talk to your neighbor first to show you tried to resolve the problem. If that doesn’t work�.



From what BigAl3 said, it doesn’t seem like this guy is one who likes to compromise. But if he sees him out there with a video camera he could have a change of heart.



And as to “do you actually live your life this way?â€�….. No. I’ve been bitten by two dogs and rear ended three times and never sued anyone. My ex-girlfriend works for a very large law firm and calls me crazy for not doing it but that’s just not me. The threat of suing can very often yield good results when talking doesn’t fix the problem. Some people are so stubborn they cant admit their mistakes and so the legal route is all that’s left. Most of the time the scare of a lawsuit can change their minds.





Ps. All the bog bites were resolved with talking.
 
karburn said:
You would have to prove malicious intent on the part of the neighbor, which is basically impossible.
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LOL... very amusing. What is wrong with ordinary negligence?



Unless you live in Soviet Canuckistan, I think simple negligence will do. BTW, what is "malicious intent"?



Oh... sorry I found it. Malicious Intent - Wikipedia, the free encyclopedia



Malicious Intent is the third album released in 1986 by Canadian speed/thrash metal band Razor.:LOLOL
 
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