Take neighbor to court to recover damages?

[Dottie2001]

we are residents of massachusetts and are wondering if we have a case for small claims court. new next door neighbor's 12 year old son left his skateboard rail unattended in middle of our moderately busy street. i nevertheless did not see it and ran it over puncturing my full gas tank. the gas spill in the driveway is already breaking up the driveway pavment...large holes appearing, possibly may need new driveway if holes get too large. spoke to the boys father who admits boy was as fault, but also feels i am just as much at fault for failure to keep car under control at all times. he thinks boy is punished enough by loosing his skateboard rail. do you think we have a case for small claims court? we think the boy(or family) should be responsible for at least part of the damages since he created a road hazard on a public road. our relationship with the family is already damaged. Thank you for any help with this very aggravating situation.

 

[JETX]

At 12 years of age, I think it would be obvious that his leaving the rail in the roadway was negligence, thereby taking care of one of the issues you would have to prove.

However, the big question will be in trying to prove the damages you are claiming. Certainly the gas tank repair and the lost gas are clear damages. However, you would have to provide sufficient proof that the gasoline was the cause of the driveway damage. What is the material of the driveway??
Additionally, you would probably not get an award for the full replacement value, but only for the value of the depreciated cost of repair.

How much do you figure your damages are??? All in all, seems like a lot of neighbor animosity over a fairly minor issue.

 

[Dottie2001]

Thank you, Halket, for responding to my questions. Now to answer yours: Our driveway is asphalt(installed 6/97) which has been sealcoated twice since we put it in, last time being sept. 2000 (cost of seal coating $175.00). It is or was in excellent condition. If it can not be patched and sealed again, we will have to repave it.( cost-1997-was $1800) As far as the gas tank goes it will be at least $500.00 or more to replace. Towing charges $27.00. The deductible on our car insurance is $300.00, but with that comes a yearly surcharge, so we have to decide if that route is worth it.
Thanks once again for trying to help. Do you think it is worth it to go after them for the money or let bygones be bygones?

 

[I AM ALWAYS LIABLE]

My response:

The parents are not legally responsible for the negligence of their child - - morally yes, legally no. Parents are only responsible for the "malicious" acts of their children. This was not a malicious act.

Therefore, you would need to sue the child. Judgments are good for many years (although, your specific laws in that regard have not been checked). So, you "might" win a Small Claims lawsuit, but only against the child, and then you'd have to wait to get your money.

You may as well make your insurance claims and be done with it - - eating your $300.00. Call that your "penance" for not watching the roadway more carefully.

IAAL