Police came to my house last night and said my loud bass on my car system broke two $4000 dollar pictures in this guys house up the street from me. The guy said I drove by his house and the vibration from my bass knocked or shook the pictures off the wall and onto the floor - breaking them. He ran out and got my plate. Police, said they saw the damage and he took pictures and a statement, etc... Guy has like everybody on the street for a witness. I'll admit my radio / bass is kicking loud! What should I do? Please advise?
2007-02-09 08:47:46 · 16 answers · asked by Peter W 1 in Politics & Government ➔ Law Enforcement & Police
Your being sued for destroying/damaging private property either purposefully (intent) or negligently (careless). He'll have to prove that you caused that damage. (1) establish that you were not trespassing on private property - were you driving on a public road going to a destination such as your home; having a legitimate reason to travel and estimate how many times a day you travel this same path (2) establish the distance of your vehicle from his house - estimate this in feet. (3) establish how fast your vehicle was traveling - estimate (4) estimate the time it took for your vehicle to pass his house at the speed you were traveling. Answers to 2-4 will give the judge some idea of whether your vehicle was close enough for long enough a period to knock pictures off the wall inside a physical structure. (5) Take pictures of his house which might show the type of building structure (whether its up to building code); the street with his house to establish distances. The police did not witness the event so they cannot testify whether it actually did occur and you were to blame. They simply recorded the event on paper with statements taken from the person claiming damage - this can all be challenged. If you were driving on public property - public road then you were not trespassing. If you travel on the road multiple times a day to get to work or home then he'll have to explain why this never occurred before. And, I would argue that if the distances are great enough between the road and the physical walls of his house, he himself was negligent in that he did not properly secure his artwork to the walls and/or the county/city was responsible for building a road so close to his home. Also call into question whether his house/building was up to code. He's basically going to have to prove that you intended to create a disturbance by parking alongside his house which he might be able to prove with witness statements; Or, he will have the more difficult task of proving that your moving vehicle and the sound coming from it (decibels) caused his physical surroundings to shake and vibrate causing damage to his property. He will also have to substantiate that the property is worth $4000 either repaired or replaced. I would do all this AND seek free legal help or an attorney. This is your side. Don't give in and don't sign a statement or admit guilt. Make him take you to court. He is responsible for bringing in his evidence - challenge him at every point. Do your homework and ask yourself what they will try to prove and how - then counter it and provide evidence. Be brief and concise in court - and most of all be polite and respectful to all parties. Never lie. AND I just thought of another thing - call your auto insurance representative and tell them what happened - they will be able to assist you. They might have investigators who will work with you to prove your case if your policy covers it. AND if his artwork was so expensive he should have an insurance policy either homeowners (rental) or property insurance...Good luck.
2007-02-09 16:52:21 · answer #1 · answered by lawofconstantcomposition 2 · 1⤊ 0⤋
well just don't back down if you are sure that you aren't the guy who was resonsible for the pictures coming down off the wall.
what proof do they have of what they say, i'd bet they have scant little actual proof that will stand up in a court of law.
and i'd bet that they'd be pretty hard pressed to find experts who would testify that loud music would shake pictures off the wall.
4000.00 pictures i would bet weigh a few pounds and this story hardly passes the sniff test.
i would also ask for very specific details - such as did the frames break or was the artwork actually damaged - and who, exactly decided that this stuff was worth 4000.00 - these are the kinds of things you need to consider asking this guy - possibly through an attorney.
also, 4000.00 puts this beyond the small claims court range.
my guess is that if you don't cave you will probably be fine...
2007-02-09 08:56:00 · answer #2 · answered by nostradamus02012 7 · 1⤊ 1⤋
Even if he sues he has the burden of proof. Just be prepared to defend yourself.
Edit - Notradomus is mostly right except the $4000 part putting it beyond small claims court. Most small claims have a cap at $5000.
Now just because that person who is suing you is most likely wrong does not make you right. You, and all you morons out there rattling my windows, are attention whoring, self centered, inconsiderate a**holes who have no consideration for anyone but themselves.
2007-02-09 08:52:44 · answer #3 · answered by meathookcook 6 · 1⤊ 1⤋
Hey moron. While you may have the right to play your radio loud, you do not have the right to push your music on me, nor do you have the right to destroy someone elses property. First off, have the guy prove the value of the pictures that you broke. Then pay him what they are worth...you broke them, pay for them. Is that so hard to understand?? Or are you one of those clowns who think that you can do what you please without any consequences? Next, turn your f-ing music down. Do you have a problem respecting other people?
2007-02-09 09:27:47 · answer #4 · answered by Anonymous · 3⤊ 1⤋
I think he'll have a hard time proving your radio broke his pictures. He must be superman if he heard your radio, saw his pictures fall, and ran outside to get your plate number unless you were sitting in front of his house. But really, turn that **** down, you aren't impressing anyone.
2007-02-09 10:52:16 · answer #5 · answered by Anonymous · 2⤊ 1⤋
In Las Vegas you can be fined about $1,000.00 and your car impounded! Good..If you want to be deaf, go right ahead. Make sure you put your head phones on nobody else wants to hear your brand of loud obnoxious music. Those things should be outlawed and sent back to China.
2007-02-09 10:09:25 · answer #6 · answered by Sassy 3 · 2⤊ 1⤋
it is a civil matter. admit nothing, deny everything, demand proof.
and have a jam up good time in court.
If the bass from your car stereo is that overpowering, you are probably deaf and damn near stupid anyway so you are probably not going to learn anything anyway, and I would assume that if your neighbors have 4000 dollar paintings on his wall, you are probably one of these whiney little spoiled brats that mommy and daddy have given you everything, so my best advice run to them, tell them everyone is picking on you again for no reason and let them bail your *** out again and again.
2007-02-09 09:27:42 · answer #7 · answered by ? 3 · 2⤊ 1⤋
I always said this activity would have serious paybacks as the "doer" would be deaf long before they got my age, but maybe there are other draw backs.
2007-02-09 08:54:15 · answer #8 · answered by madjer21755 5 · 2⤊ 1⤋
Get yourself an attorney and prepare to pay damages for "your
negligence" as a cop would put it.
2007-02-09 14:13:34 · answer #9 · answered by Williamstown 5 · 1⤊ 1⤋
Good for him. Even though you like that crap, not everyone does.
I have a system in my own car, but do not crank it up when I am in residential areas.
2007-02-09 08:53:17 · answer #10 · answered by Anonymous · 3⤊ 1⤋