California
Two months ago, my neighbor’s 7 year old son kicked our copper landscape light in our front-yard, causing the fixture to break at the base and disconnecting the wire hardness in the unit. I had just returned home from work and was standing in my garage at the time, so I actually witnessed the incident. I immediately asked the boy what he was doing. He apologized and said it was an accident. I then walked him over to his house and spoke to his mother in his presence. The mother was very apologetic and walked back to my property to assess the damage. She asked that I have the fixture repaired and then provide her with an invoice from our landscape company.
The light fixture was replaced one week later. The landscape company determined that the force of the impact caused the integrated wires in the fixture to pull-away and that it would be less expensive to replace the fixture with a new unit. The total cost for the replacement fixture and labor was $259.38 ($110.38 for the fixture and $149.00 for labor). The landscape company has a minimum 2 hour service call fee for all calls, including drive time.
I presented the invoice to the neighbor child’s mother about one week after the fixture was replaced. When I gave her the invoice, she again apologized for the damage her son had caused and stated that she would pay the invoice.
Sixty days after the fixture was replaced, I received a statement from my landscape company indicating that the invoice was past due and had not been paid. I immediately approached the neighbor about the unpaid invoice. The woman seemed surprised that I had not been contacted by her husband regarding the invoice. She said that he would like to discuss the invoice with me. I informed her that I was home that evening and would appreciate a visit or phone call from the husband in order to resolve the issue since the bill from the landscape company was past due. After 3 days of no communication from the neighbor, I contacted the local police department and filed a report. A police officer came to my home to review the report. He also went to the neighbor’s home, but no one was home. The officer left a voice mail message with the neighbor and indicated that he would be in touch with me later that night. Within one hour the police officer called stating that he had talked with the neighbor and that the neighbor would be calling that evening.
Later that evening, the neighbor's husband called and stated that the reason he did not pay the invoice was because the amount being charged was "unreasonable." I told him that I had no control over fees charged by the landscape company (2 hour minimum for each service call) and the fixture had to be replaced and could not be repaired. The husband stated that I would need to take him to small claims court because he had no intention of paying the invoice.
Do I have a case? Is this worth pursuing in small claims court? I have the damaged light fixture (wire harness removed), but do not have pictures of the damaged area at the time of the incident. I did not think to take photographs because I did not expect that the situation would come to this. If I have a good case, what would I need to do in court to insure that I prevail?What is the name of your state (only U.S. law)?
Two months ago, my neighbor’s 7 year old son kicked our copper landscape light in our front-yard, causing the fixture to break at the base and disconnecting the wire hardness in the unit. I had just returned home from work and was standing in my garage at the time, so I actually witnessed the incident. I immediately asked the boy what he was doing. He apologized and said it was an accident. I then walked him over to his house and spoke to his mother in his presence. The mother was very apologetic and walked back to my property to assess the damage. She asked that I have the fixture repaired and then provide her with an invoice from our landscape company.
The light fixture was replaced one week later. The landscape company determined that the force of the impact caused the integrated wires in the fixture to pull-away and that it would be less expensive to replace the fixture with a new unit. The total cost for the replacement fixture and labor was $259.38 ($110.38 for the fixture and $149.00 for labor). The landscape company has a minimum 2 hour service call fee for all calls, including drive time.
I presented the invoice to the neighbor child’s mother about one week after the fixture was replaced. When I gave her the invoice, she again apologized for the damage her son had caused and stated that she would pay the invoice.
Sixty days after the fixture was replaced, I received a statement from my landscape company indicating that the invoice was past due and had not been paid. I immediately approached the neighbor about the unpaid invoice. The woman seemed surprised that I had not been contacted by her husband regarding the invoice. She said that he would like to discuss the invoice with me. I informed her that I was home that evening and would appreciate a visit or phone call from the husband in order to resolve the issue since the bill from the landscape company was past due. After 3 days of no communication from the neighbor, I contacted the local police department and filed a report. A police officer came to my home to review the report. He also went to the neighbor’s home, but no one was home. The officer left a voice mail message with the neighbor and indicated that he would be in touch with me later that night. Within one hour the police officer called stating that he had talked with the neighbor and that the neighbor would be calling that evening.
Later that evening, the neighbor's husband called and stated that the reason he did not pay the invoice was because the amount being charged was "unreasonable." I told him that I had no control over fees charged by the landscape company (2 hour minimum for each service call) and the fixture had to be replaced and could not be repaired. The husband stated that I would need to take him to small claims court because he had no intention of paying the invoice.
Do I have a case? Is this worth pursuing in small claims court? I have the damaged light fixture (wire harness removed), but do not have pictures of the damaged area at the time of the incident. I did not think to take photographs because I did not expect that the situation would come to this. If I have a good case, what would I need to do in court to insure that I prevail?What is the name of your state (only U.S. law)?