I'm being Sued by a neighbor, what do I need to do?

Last fall we had an 8ft wooden privacy fence installed around our property replacing a chain link fence. Our neighbors behind us have kids and a trampoline that is very close to the fence. Last month their son, 12, started using our fence to jump off of and flip on to the trampoline. We stopped him then and a few more times. His parents never seem to be home when we went by to tell them that he was damaging our fence.

The trampoline is close to a tree and he apparently jumped from the trampoline to the fence intending to grab the tree, but the fence broke, he fell and cracked his head on the pavement next to our storage shed.

We went by their house last week to talk about getting our fence fixed and was surprised that they had contacted a lawyer and intended to sue us because the fence wasn't installed properly!

I haven't been served yet, but should I go ahead and pay a retainer to a lawyer? Also what else should I do or avoid to make sure that I don't do anything to aggrivate the situation?

Outdoorsguy

I would wait and see if action is filed against you. Wait and see if they admit they were jumping off of your fence on the complaint (on your property I assume), and then file a counter claim for trespass. Make sure you have proof or that the kid is 14 or older.

elysia & austin's mommy

I would wait to be served and see exactly what they are accusing you of. If they sue you and win you can turn around and sue the company who put the fence up. I would also file a countersuit against them for repair of the fence. There is no way they are going to win on that.

wizjp

I would assume any lawyer worth his salt would not waste his time with a lawsuit as you describe the incident; so I would not retain untill I got notice of a suit.

In the meantime, I'd talk to my homeowner's policy holder to see if they would be interested in settling something or being involved.

Moose

Yes, absolutely, get a lawyer, today.

If these lunatics intend to stick the bill for their nitwit son's mischief on you they may well succeed. You will need to defend yourself, and vigorously.

They may simply want to scare you away from asking for repair of the fence, but I would not take that chance. Be prepared to file a counter suit if they sue for medical damages.

Your lawyer can tell you if it is better to walk away from a suit over the fence, assuming they do not sue.

Brian A

Hopefully you have homeowner's insurance. Call them and let them know that this has happened. They will take over once you have been served.

The Dude.

Stop talking to them immediately. If they have retained a lawyer, they likely will file suit. Anything you say can be used in court. Even though "hearsay" is generally not allowed, there are a million exceptions to the rule. Since you don't know them, don't say a word to them, don't even apologize.

I wouldn't recommend calling an attorney until you've actually been served. In all likelihood, the family talked to one of those 1-800 ASK GARY morons, who is "considering" taking their case. After he does about 2 hours of legal research, he may decide it isn't worth his time.

If you want an attorney, you should call your home owner's insurance provider. You should have liability coverage through them for injuries to others on your property. Part of that coverage is for attorney representation.

Trust me when I say you'll be getting a good attorney. While there can be strange instances of the attorney having "two bosses" (insurance company and you) you both tend to have the same goal. Settle the case for as little as possible. If the settlement is below your liability coverage, then you don't pay a dime.

Yo it's Me

Just get a lawyer (after you are served), don't talk to them about it again and try not to laugh too much when you think about how stupid their kid is. This could just be a ruse for them not to have to fix your fence.

But here are some points to consider...

You mentioned that you had the fence installed, if it was not installed properly, how is that your fault?

If the fence is on your property, their kid didn't have to come over there.

And an 8ft privacy fence is not meant for use with a trampoline, they have some liability for not teaching their kid the rules of safe trampoline use.

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