Dust - Neighbor wants to sue for damages

[Pokerman11]

What is the name of your state (only U.S. law)? - OH

We live in a rural suburb of Ohio. My neighbor of 30+ years is now having significant issues with the dirt road that goes past his house. The road is my private driveway that goes on for a mile or so, just up near the main highway is where it passes his house.

His issue is the speed in which the cars go by, the noise and the dust.

He is telling me the dust is my fault, and it is causing him all kinds of grief, and is my responsibility to stop. I could list the issues he is having, but let’s just say the list of his grief and damages from everything from his wifes lungs, house, car, tractor, barn, and pool, basicly everything on his proberty he now feels don't work or is damages becasue of my dust.

He is telling me that it’s my responsibility to keep the dust down or he will sue me for damages.


I few other facts are that my road was in before he built his house, back in the 1970's. Also – we do try to keep dust down, and try to work with him on this issue. Every few years we have the section near him paved with rural chip/seal. We talk to all delivery drivers and guest to keep speed down, but yes in the summer it throws off dust, especially if it is not raining. It is impossible for me to totally control the dust. He can be quite irrational to deal with sometimes and nothing seems to help.


Am I liable for dust? I’ve not signed any dirt/dust contracts with him, and meet all county &city ordinances.

I hate living in fear of lawsuits, but just curious of my responsibilities

 

[HuAi]

You could just do the neighborly thing and not speed past his house - after all there may be children or animals out. But legally there probably isn't much he can prove.

 

[Pokerman11]

Actualy, I'm the one with the kids, family and we don't speed. I'm more interested in the safety for my family's safety. He just hates the fact that he has a dirt road near his house and it bothers him when we use it.

I can't change the fact that I live down the road and need to use the road.

Sounds like he could only have harrasements lawsuites.

 

[seniorjudge]

Tell the neighbor to bite big dust bunnies.

 

[Pokerman11]

He's told me he has an attorney and to expec to "fight this out in court"

I guess I need to stop contact and get council.

Any suggestions on the type of lawsuit I am going to be receiving?

 

[xylene]

people talk smack all the time.

You don't need to hire a lawyer unless you get served for a lawsuit or other court proceedings.

It wouldn't hurt to have a lawyers number in the roldex though.

 

[TheGeekess]

Build speed bumps or dips where the drive approaches his property. That'll slow people down.

 

[wyett717]

There isn't much you can do; you have every right to have whatever kind of driveway you choose. Perhaps you could post a "drive slowly" sign or something of the sort just to show him that you are making an effort to minimize the dust.

Also in your defense, no one is forcing your neighbor to live where he does. I'd be surprised if a judge decided that you must significantly alter your property to be conducive to your neighbors' needs. Good luck, let us know what happens!