I live in half of a twin. In the middle of the night, the neighbor kid smoked a cigarette in his attic. He then threw away the butt which later caught fire to a matress and spread to my attic/ 2nd Floor. Can I sue them?
2007-12-13 06:24:23 · 7 answers · asked by JustinS 1 in Politics & Government ➔ Law & Ethics
The kid that did it was 15 who lives in the house with his mom. Her mom (his grandmother) owns the house. Who would I go after? The only reason I would sue would be so they couldnt move back in. I love the neighborhood but would not feel safe living in the house again with those neighbors.
2007-12-13 06:49:03 · update #1
I and the neighbors have insurance.
2007-12-13 06:49:43 · update #2
Yes you can sue them.
First, you should go to your insurance company. They will cover the cost, and will go after subrogation. Subrogation is when they (the insurance company, who already has their own attorneys, etc.) go after the person who caused the fire. You'll want to pass on the information that you know to your insurance company. Don't worry--they'll try to get their money back.
You can sue the neighbors but can not sue them for the same money the insurance company is giving you, or else you'd be paid twice. You CAN sue for anything the insurance company does not cover, however.
2007-12-17 18:06:46 · answer #1 · answered by r w 3 · 0⤊ 0⤋
If you are covered by insurance, then perhaps it is better to let the insurance company deal with it. Presumably this was purely an accident and there is no suspicion of arson (a matter for the police).
If you are not covered by insurance, let's hope that they are insured next door against any claim you make.
2007-12-13 14:45:27 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
yes. you can sue the parents if the kid is under the legal age of 18 for gross negligence. there are several steps in doing this...the first and most important is to obtain counsel. Then proceed from there. If you can not afford counsel, email me and I will be more than happy to direct you on how to proceed further with out direct legal advise.
I have studied law for several ongoing years now...
2007-12-13 14:35:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Of course. Anyone can sue anyone else for anything.
In your case, more importantly, you can win. His act in throwing the butt where it could set a mattress on fire was negligent, and thus actionable.
Richard
2007-12-13 14:32:13 · answer #4 · answered by rickinnocal 7 · 1⤊ 0⤋
Yes, but their home owners insurance should cover damage, the liability or something should.
2007-12-13 14:32:21 · answer #5 · answered by Sheila 6 · 0⤊ 0⤋
not unless you can prove he did it intentionally. Then there may be criminal penalties too
Sounds like an accident to me.
2007-12-13 14:32:40 · answer #6 · answered by Der Brewmeister 3 · 0⤊ 3⤋
nahh..!! take it like a man!!
2007-12-13 14:32:27 · answer #7 · answered by thanks for the points!! 2 · 0⤊ 0⤋