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Neighbor liable for guests behavior?

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peppersignet

Junior Member
What is the name of your state (only U.S. law)? PA

I live in PA. My neighbor's 18 year old had a 'beer party' on Saturday. At 2:30 AM the cops showed up and the kids in an effort to escape ran though my yard, pushing my fence down and running through my brand new Kelty Grand Mesa 2 backpacking tent (it was bought the same day).

The fence is trash, the tent is trash, my total loss is about $150.00.

I asked the neighbor to pay and he threatened me (which I reported to Police). I did not yell or demand, I was polite, courteous and asked nicely and he totally flipped out.

I think he should pay for the damages since he is he property owner of the property that hosted the party whose guests trespassed on my property and destroyed my property.

If I am correct?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? PA

I live in PA. My neighbor's 18 year old had a 'beer party' on Saturday. At 2:30 AM the cops showed up and the kids in an effort to escape ran though my yard, pushing my fence down and running through my brand new Kelty Grand Mesa 2 backpacking tent (it was bought the same day).

The fence is trash, the tent is trash, my total loss is about $150.00.

I asked the neighbor to pay and he threatened me (which I reported to Police). I did not yell or demand, I was polite, courteous and asked nicely and he totally flipped out.

I think he should pay for the damages since he is he property owner of the property that hosted the party whose guests trespassed on my property and destroyed my property.

If I am correct?
**A: yes, you are correct.
 

peppersignet

Junior Member
Thanks and ?

Thanks for the quick reply. Please point me at a statue or something I can have in writing that would indicate that my neighbor is liable for the damage I incurred from his party.

I plan on representing myself in small claims court. I do not think I need a lawyer since its only $150 in damages.
 

peppersignet

Junior Member
Money, respect and principle

My neighbor told me I wont get a F****** this, that and so on. He threatened me. He is so mixed up about what is important. I have limited $ and while $150 may seem like not much it is a whole lot to me.

He is so busy trying to blame me for his kids bad judgement. His values are totally messed up and at this point I don't care to ever speak to him but I want him to pay what he should.

Any normal person would have said I am sorry and paid me given the situation. Instead this fellow freaks out threatens me and curses me out in front of my family.

What a bad example of being a parent he is. Shame on him. Its not my fault his underage kid had a beer party and got busted.

I have an older STEP child. I have been through arrests, court etc with him. Every time I stepped up, took responsibility and it wasn't even my own blood!

Right now its 50/50. 50 percent I really need the money and 50 percent principle. Bottom line if we go to small claims, I should win, but do they really make him pay?
 

mmmagique

Member
Just asking because I'm not sure about this, but, since the son is 18, (which I believe is the age of majority in PA) wouldn't she have to sue him?

~Christina
 

Antigone*

Senior Member
Right now its 50/50. 50 percent I really need the money and 50 percent principle. Bottom line if we go to small claims, I should win, but do they really make him pay?
Peppersignet,

It is ridiculous to use the court system for "principle". The only thing court will award you is a monetary judgement. They will not be able to get people to change their values.

If you are out the money, then sue. I'm no expert on this and one of the members will put me in my place if I'm out of line; but you might even try asking for punitive damages out of mom and dad for breaking the law and allowing underage drinking.

So if you want money...take them to court. If you want to change their principles and values all you can do is pray for them.

take care, ana
 

Rexlan

Senior Member
Check your state statutes and you may find one that addresses the verbal assault. If you can prove the language and how it was used (witnesses) you can file a criminal complaint. In a Commonwealth this is a simple procedure. Go to the magistrates office, explain it and take a warrant on him. You will need to swear to the facts at the magistrate and this constitutes probably cause for the warrant. Be sure you are accurate and correct. If you are not, you can subject yourself to a malicious prosecution claim. He will be arrested instantly and that will certainly make his day ... LOL. Be sure you have your witnesses in-hand and all your ducks are lined up. The aggravation of having to deal with it will make him regret the experience. The Commonwealth’s Attorney will decide if it is worth prosecuting; however, the neighbor will still get to enjoy the experience.

In Pennsylvania, someone can be convicted of disorderly conduct for using obscene language in a way that causes "public inconvenience, annoyance or alarm."
In your case, you were assaulted (alarm) and said you were threatened. You also have a police report to back that up.

You can easily sue for the damages in small claims. I would just get that action filed - it is simple and effective.
 

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