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5 yr old damages neighbors driveway

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riomike40

Junior Member
What is the name of your state?What is the name of your state?California
I am a 23 year Air Force veteran. While I was deployed for operation ENDURING FREEDOM my brother in law was watching my kids while my wife was at work. My daughter was drawing on the sidewalk with "sidewalk chalk" and drew on my neighbors driveway. My neighbor got very upset when she saw the chalk marks on her driveway and went over and told my brother in law she wanted it removed right away. He took my pressure washer an cleaned the marks off the driveway. while doing so he made marks on the driveway. Now my neighbor is taking me to court for $5000.00 to have her whole driveway replaced. Where do I stand with this. are there any laws about a 5 yr old child unwillfully damaging property. I also got an appraisal to have the driveway repaired for about $200.00. can someone tell me where I stand here? :confused:
 


riomike40 said:
What is the name of your state?What is the name of your state?California
I am a 23 year Air Force veteran. While I was deployed for operation ENDURING FREEDOM my brother in law was watching my kids while my wife was at work. My daughter was drawing on the sidewalk with "sidewalk chalk" and drew on my neighbors driveway. My neighbor got very upset when she saw the chalk marks on her driveway and went over and told my brother in law she wanted it removed right away. He took my pressure washer an cleaned the marks off the driveway. while doing so he made marks on the driveway. Now my neighbor is taking me to court for $5000.00 to have her whole driveway replaced. Where do I stand with this. are there any laws about a 5 yr old child unwillfully damaging property. I also got an appraisal to have the driveway repaired for about $200.00. can someone tell me where I stand here? :confused:
Your five year old did not damage your neighbor's driveway; your brother-in-law did (assuming it is damaged). The neighbor has no claim against you.
 

duplexowner

Junior Member
No law pro here, but I think you'd only be held liable to restore the driveway to its original condition, not put in a whole new one. She may have a hard time proving that the damage done was $5000
 

panzertanker

Senior Member
riomike40 said:
What is the name of your state?What is the name of your state?California
I am a 23 year Air Force veteran. While I was deployed for operation ENDURING FREEDOM my brother in law was watching my kids while my wife was at work. My daughter was drawing on the sidewalk with "sidewalk chalk" and drew on my neighbors driveway. My neighbor got very upset when she saw the chalk marks on her driveway and went over and told my brother in law she wanted it removed right away. He took my pressure washer an cleaned the marks off the driveway. while doing so he made marks on the driveway. Now my neighbor is taking me to court for $5000.00 to have her whole driveway replaced. Where do I stand with this. are there any laws about a 5 yr old child unwillfully damaging property. I also got an appraisal to have the driveway repaired for about $200.00. can someone tell me where I stand here? :confused:
Personal opinion:
Tell your mean, dried up, old hag of a neighbor to suck eggs and pound sand.
You and your child did not damage the driveway.
Your BIL is responsible, she has no claim against you...
 

PghREA

Senior Member
Chalk washes off easily, it did not need to be pressure washed.
Your BIL is responsible for the damage, if any. He will only need to repair the driveway - not replace it.

Teach your 5 year old to only draw on her own driveway.
 

nextwife

Senior Member
I'm sorry, but I can't help but be amused at how a man will go use a power tool, instead of simply getting a wet, soapy cloth and WIPE IT OFF.
 

Greg 2

Member
The marks are probably 'clean concrete' surrounded by dirty concrete. Time and 'dirt' will fix this problem. Agree that child is not responsible.
 

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