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Can I prevail on circumstantial evidence

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persistent

Junior Member
What is the name of your state (only U.S. law)? IOWA
My question involves small claims court in the state of: Iowa
I have neighbors who live straight across the street, who have hit my mailbox while backing out of their drive a total of seven times. Only on one occasion, did they knock on my door and tell me they hit my box. The other 6 times i would come out to see my mailbox damaged or on the ground. After confronting them they would own up to it and pay me $20 for the price of the mailbox and I would do the labor for free. They replaced three boxes at $20 each and the other three times I straightened the box myself at no charge to them. The last and seventh time I confronted them and she said they had been partying and had guests over and maybe it was her brother-in-law who hit it. She said she would have her husband pick me up a mailbox. The next day she stated that they didn't do it and and were not going to pay. I am certain by the angle of impact (It was struck on a 45 degree angle) it was someone backing out of their drive. I have a police report stating they have replaced my mailbox on prior occasions. Without knowing who hit my box do I have enough circumstantial evidence and past history of my neighbors hitting my box to convince a judge to rule in my favor. Is there any legal way I can force them to look at the brother-in-laws car to check for damages? This last time I called the police and the other six times I tried to be a good neighbor. I think I have given a fair shot at being a good neighbor but that approch doesn't seem to be effective.
 


justalayman

Senior Member
so, what proof do you have that the neighbor hit the box? Unless you can prove they did cause the damage, you will not prevail. What happened in the past does not prove they did it this time. As they stated, maybe it was a visitor to their home. Unless you can find a law that makes them liable for the actions of their guests, you would have no claim against the neighbors.
 

latigo

Senior Member
so, what proof do you have that the neighbor hit the box? Unless you can prove they did cause the damage, you will not prevail. What happened in the past does not prove they did it this time. As they stated, maybe it was a visitor to their home. Unless you can find a law that makes them liable for the actions of their guests, you would have no claim against the neighbors.
I don’t agree that it can be categorically stated that evidence of prior similar occurrences of negligence on the part of the defendant is always to be excluded. It depends on the purpose of introducing such evidence.

It is inadmissible if offered to prove the manner in which particular a particular incident occurred.

However, there is case law case law supporting the principle that it can be introduced to show that the prior incidents of negligence occurred under such circumstances as to alert the defendant of the risks involved.

For example this was the ruling in the case of Benoit v. Missouri Highway and Transp. Com’n, 33 S.W.3d 663, 669-70 (Mo. App. S.D. 2000) where the court reasoned as follows:

“This is because such information would clearly aid the jury in determining whether a reasonably careful defendant would have taken further precautions under all the facts and circumstances.”

HOWEVER, there seems to be an insurmountable problem here. How is the OP going to prove which member or members of the neighbors' household (or guests) were responsible for the prior similar incidents? Let alone the person responsible for the latest damage.

Plus the fact that although one or more might be aware of the risk, that awareness cannot be imputed to someone else.

I personally think that the OP should bag it for the time until he chooses to install a security camera or rent a postal box.

And hope that this is the worst calamity he’ll ever suffer.
 

persistent

Junior Member
Thank you so much for a new look at my problem. I hate to throw in the towell when I know it was someone who visited my neighbors and someone is just getting a free pass on damaging my property but your post makes sense and I appreciate your effort.
I don’t agree that it can be categorically stated that evidence of prior similar occurrences of negligence on the part of the defendant is always to be excluded. It depends on the purpose of introducing such evidence.

It is inadmissible if offered to prove the manner in which particular a particular incident occurred.

However, there is case law case law supporting the principle that it can be introduced to show that the prior incidents of negligence occurred under such circumstances as to alert the defendant of the risks involved.

For example this was the ruling in the case of Benoit v. Missouri Highway and Transp. Com’n, 33 S.W.3d 663, 669-70 (Mo. App. S.D. 2000) where the court reasoned as follows:

“This is because such information would clearly aid the jury in determining whether a reasonably careful defendant would have taken further precautions under all the facts and circumstances.”

HOWEVER, there seems to be an insurmountable problem here. How is the OP going to prove which member or members of the neighbors' household (or guests) were responsible for the prior similar incidents? Let alone the person responsible for the latest damage.

Plus the fact that although one or more might be aware of the risk, that awareness cannot be imputed to someone else.

I personally think that the OP should bag it for the time until he chooses to install a security camera or rent a postal box.

And hope that this is the worst calamity he’ll ever suffer.
 

Zigner

Senior Member, Non-Attorney
The prior efforts by the neighbors to be good neighbors won't necessarily come in to play here.
As mentioned previously, maybe it's time to move your mailbox. I'm sure there is more than one direction that you can move it.
 

persistent

Junior Member
The prior efforts by the neighbors to be good neighbors won't necessarily come in to play here.
As mentioned previously, maybe it's time to move your mailbox. I'm sure there is more than one direction that you can move it.
I have moved the box back and to the left as far as postal specifications will allow. Moving the box out of the turning radius of people backing out will help and I have done everthing I can to prevent it. I just don't like someone getting a free pass for damaging my property.
 

Zigner

Senior Member, Non-Attorney
I have moved the box back and to the left as far as postal specifications will allow. Moving the box out of the turning radius of people backing out will help and I have done everthing I can to prevent it. I just don't like someone getting a free pass for damaging my property.
Unfortunately, without knowing who that "someone" is, you're likely out of gas.
 

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