QUESTION
Do I have any legal rights if my neighbor’s children hit balls off my house almost daily?
Asked on Sep 15th, 2012 on Personal Injury - Florida
More details to this question:
My house sits on the boundary line and does have a fence around it. The next-door neighbor’s children constantly hit balls over the fence and against my house. I am afraid of them breaking a window and potentially hurting me. I have spoken repeatedly to the parents about my concerns but they don't stop it. Do I have to accept this or is there any way to stop it. I'm tired of being nice. Thanks for your help!
17 ANSWERS
Thomas Edward Gates
You could likely get a restraining order.
Answered on Jun 27th, 2013 at 10:21 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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You can contact the police and report what is occurring. If the children were intentionally hitting balls into your house the children, depending on their ages, they could be ticketed. It is possible the parents could be ticketed as well. You could also sue the neighbors for any damage to your house.
Answered on Sep 21st, 2012 at 10:32 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the parents wont help I don't think there is anything you can do. There is a cause of action (lawsuit) called private nuisance but it would cost you a ton to deal with a lawsuit and you may not get a good result.
Answered on Sep 21st, 2012 at 10:31 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can seek a restraining order from a magistrate based on harrassment, or sue the children for trespass and seek an order enjoining them from hitting balls onto your property.
Answered on Sep 21st, 2012 at 10:30 AM
Ronald A. Steinberg
Send a letter to the parents, with a carbon copy actually sent to your lawyer. You could also contact the police, due to the potential for personal injury or property damage.
Answered on Sep 21st, 2012 at 12:42 AM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
You may have a case for trespass and damages. You should consult with an attorney as soon as possible to help maximize your recovery.
Answered on Sep 21st, 2012 at 12:38 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You should call the police.
Answered on Sep 21st, 2012 at 12:19 AM
1 Award
Yes, in CA you can sue for injunctive relief for engaging in an activity which constitutes a nuisance. See Ca. Civil Code section 3479. There is also a civil harassment restraining order you can obtain, the forms for which are available at the county law library in your area.
Answered on Sep 21st, 2012 at 12:14 AM
4 Awards
You can sue for an injunction to get them to stop, to prevent imminent harm to your property.
Answered on Sep 18th, 2012 at 3:19 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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When the balls hit the house, confiscate the balls. If a ball nicks the paint, call a painter and get a bid to repair it. Send it to them and ask them to pay for the repair. Get ready for the feud to begin. Some might forget the nice approach and go guerrilla.
Answered on Sep 18th, 2012 at 3:18 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Obviously if they break a window or hit you, they are responsible for the damage. You can sue for either trespass or a nuisance. You should send a certified letter first requesting that they either take adequate precautions to prevent the balls from landing on your property or that you will obtain an injunction prohibiting them from such conduct.
Answered on Sep 18th, 2012 at 3:18 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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This sounds like it may be an issue for the police to get involved with since the parents do not seem to stop the problem.
Answered on Sep 18th, 2012 at 3:17 PM
You can file a nuisance complaint in the shall claims court or report the matter to your local mayor's complaints office for a redress.
Answered on Sep 18th, 2012 at 3:17 PM
Your privacy is being invaded. I would contact your local police department.
Answered on Sep 18th, 2012 at 3:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have rights, but it is best to be diplomatic about enforcing them. You said that you are tired of being nice, but being unpleasant will make it worse. Every time your house is hit, go over and ask them to stop. Every time, right then. Keep saying "Please stop" rather than "Stop or else". If the parents are not home, come back again when they are home. They'll get as tired of it as you are.
Answered on Sep 18th, 2012 at 3:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They have no right to hit your house with balls. Demand the stop in writing. If it continues see an attorney.
Answered on Sep 18th, 2012 at 3:16 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Try reporting this to the police whenever it happens. If the police show up enough. I'll bet they quit.
Answered on Sep 18th, 2012 at 3:14 PM