fireworks!!

[gpf]

What is the name of your state?Alabama. I have a neighbor that during the 4th of July-Sunday night-shot fireworks, which I have no problem with. This is a neighbor that we do not speek to or get along with. Monday morning while I was walking along my horse pasture I start finding spent bottle rockets and the trash that goes along with them, all total about 8. Over my water trough I have a tarp that I put there to shade the water for the horses----well there are now burn holes from the bottle rockets that my neighbor fired Sunday night. I found spent rockets under the tarp.

My question is this: does that SOB have to pay for this tarp and how would I go about it since we do not talk? I have since cleaned up all the rockets and put them in the trash. This is very dangerous to do since we have horses in the pasture and my barn is right next to the tarp full of hay.

What legal action do I have?

Any advic would be greatly appreciated.

 

[BelizeBreeze]

Over my water trough I have a tarp that I put there to shade the water for the horses----well there are now burn holes from the bottle rockets that my neighbor fired Sunday night. I found spent rockets under the tarp.

Really? You saw him light the bottle rockets, watched each and every rocket land on your tarp and in so doing, did nothing to mitigate the damages?

 

[gpf]

More Fireworks

Alabama. No I didn't watch every bottle rocket hit the tarp and I did nothing. But when they are the only people in the neighborhood that were doing that and when I find spent rockets on the ground under my tarp with holes in it--well it doesn't take alot to figure out who did it. This went on from 9:00pm until almost midnight--I didn't have to stand and watch when I found the evidence the next morning.

All I would like to know is--what legal action is there--other than me going over there and opening a can of wopass on him? That doesn't do anyone any good--money talks. Any advice would be appreciated--not smart commenmts!

 

[Shay-Pari'e]

You will spend more money attempting to take him to small claims court, than you would to buy a 5 dollor tarp. Might I suggest to just get over it?

 

[tami123]

Go with the *can of whoopass* option.

 

[Souix]

Alabama. No I didn't watch every bottle rocket hit the tarp and I did nothing. But when they are the only people in the neighborhood that were doing that and when I find spent rockets on the ground under my tarp with holes in it--well it doesn't take alot to figure out who did it. This went on from 9:00pm until almost midnight--I didn't have to stand and watch when I found the evidence the next morning.

All I would like to know is--what legal action is there--other than me going over there and opening a can of wopass on him? That doesn't do anyone any good--money talks. Any advice would be appreciated--not smart commenmts!

***We have the same problem with one of our neighbors. He shoots illegal fireworks into our very dry pasture, which not only creates a fire hazard but scares our horses and other animals. I have called the sheriff and even though these are illegal fireworks, the sheriff will do nothing about it. Kind of makes me wonder why they even bother to say they are illegal. So I'm pretty sure if the neighbor burned down your house with his fireworks and you could prove it, you would have a cause of action. But being as it was just a tarp, it would cost you more money to sue him than the tarp is worth. But I'm with you, sure would be nice to get these morons to stop wouldn't it?***

 

[BelizeBreeze]

I sat on my porch last July 4th and watch as three of the estates on my road had private fireworks displays. Some landed in the front pasture. I cleaned them up and it was over.

The point is, you have no legal proof that the neighbor's fireworks caused your damage. All you have is supposition and innuendo. Until such time as you can prove beyond a reasonable doubt to a judge that the neighbor's fireworks caused your specific damage, you have nothing.

 

[Souix]

I sat on my porch last July 4th and watch as three of the estates on my road had private fireworks displays. Some landed in the front pasture. I cleaned them up and it was over.

The point is, you have no legal proof that the neighbor's fireworks caused your damage. All you have is supposition and innuendo. Until such time as you can prove beyond a reasonable doubt to a judge that the neighbor's fireworks caused your specific damage, you have nothing.

***I think the OP gets it, as the point has been made numerous times in this thread***

 

[BelizeBreeze]

***I think the OP gets it, as the point has been made numerous times in this thread***

Would you be willing to bet the farm on that?

 

[HomeGuru]

Would you be willing to bet the farm on that?

**A: no but I have a cousin with a wild ass that she can put up. Oops. that didn't sound right.

 

[JETX]

Okay, lets try to get you some REAL answers instead of all this other crap.

"My question is this: does that SOB have to pay for this tarp"
*** If you can PROVE (to a court if necessary) that this 'SOB' was the person who caused the damage, yes, you can force him to pay. However, reality must at some point step in, considering the cost, ordeal and increased animosity that will obviously arise.

"and how would I go about it since we do not talk?"
*** USPS.

And now for a 'dose' of reality..... I would suggest you send this neighbor a VERY nice letter (certified RRR), explaining the circumstances and your concerns that future exhibits of this kind could result in major damages, if say, one of these fireworks were in fact to start a fire in the hay or outbuildings..... or even injury to you or one of your animals. Do NOT be hateful in this letter. Simply explain that you saw the 'evidence' of the fireworks, the potential for damage and injury, and close with the FACT that if your fears came true, he could be held liable for the damages caused by his conduct. Do not make any threats, or smart-ass comments.
Send the letter and then forget about it, hoping that the incident is not repeated.
If you are concerned about your ability to write such a letter, you might consider having an attorney do it for you.

 

[dequeendistress]

Evidently something has already set these neighbors at odds with one another. Should the OP not research in regards to local law on fireworks. Also, in reference to dry conditions, if applicable, is or was there a burning ban that date and did this include the setting off of fireworks. NOT to mention this is all after the fact and the neighbor could claim they were not even home or had NO knowledge of the incident. No harm no foul as it stands now.

 

[JETX]

Evidently something has already set these neighbors at odds with one another.

Agreed... but we have no idea what it is/was, nor is it relevant to THIS issue.

Should the OP not research in regards to local law on fireworks.

*** Nope. Not relevant whether the other person was in violation of local fireworks or not, as the issue here is DAMAGES, not possible criminal conduct.

Also, in reference to dry conditions, if applicable, is or was there a burning ban that date and did this include the setting off of fireworks.

Again, not relevant. See above.

NOT to mention this is all after the fact and the neighbor could claim they were not even home or had NO knowledge of the incident. No harm no foul as it stands now.

And if you read my post, I make NO claims as to the current issues... only a 'warning' that such conduct could lead to damage and even injury and subsequent legal 'matters' in the future. After all, that is all that the writer can control at this point. Trying to assert a claim of 'damages' for the tarp (less than $10.00) and having to pick up the mess would clearly be an exercise in futility.

 

[gpf]

Same Fireworks

Alabama, Thank you all for the advice--the letter seems to have hit the spot!
The fireworks also landed into my neighbors pasture next to mine, (he has the $30,000 Arabians) this neighbor went and talked the the fireworks person and yes he did admit to the shooting of the fireworks and there were burn marks on the pavement. I have the proof--he admitted it! When he was the only person in the neighborhood shooting fireworks on the 4th--and I found spent rockets in my pasture and under my tarp with the holes in it--yes I know it came from his house. If he were shooting them with his 2 sons and they are bout under 17 then this person as an adult would be responsable for their actions--I know I would for my 15 year old daughter.

The tarp--it is a portable carport that I bought at Lowes for $184.00 plus tax, this doesn't even count the gas and time driving a 120 mile round trip to get the thing and I just put it up 3 weeks ago--and yes it makes me mad as H--L. If it would do any good I'd go over and slap hin into tomorrow but his 400 lb. self would probably fall on me and kill me!

Again Thanks!!!!

 

[HomeGuru]

Great, a 400 pound calf of a neighbor.