In thread 306856, seniorjudge gave you an excellent answer, "Yes, that person could be liable." No one understands law, not even lawyers and judges, because it is too complicated. Homeguru played with me when answering my thread and no one else has replied because no one here knows the answer. No one can give you a guarantee that you would win if you sue your neighbor. You have a chance. In small claims court, you're not risking much if you lose. Ask yourself if it is worth it. Only you can answer that question.