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Can my neighbor sue me over a 30 year old rusted out fence he claims my two son's hit with baseballs, footballs over the years.

my neighbor claims that my two boy's broke his rusted out 30 year old fence. he claims they climbed his fence to retrieve their balls. there is a gate 10 feet away and they always used it. also he is taking my wife to court today and as of now he has never spoke to her in any way about this matter. doe's he have a case? what should I do?

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Attorney answers (2)

Reputation Level 17
Assuming this is a small claims action, the issue isn't "can he bring it," but "can he win"? He has to prove his case more likely than not, i.e., that your two boys more likely than not broke his rusty fence. He's going to say he saw them climbing the fence. The boys are going to say they didn't climb the fence.

Look at it this way. Even if he wins, he's not going to be awarded the cost of replacing the fence, only the diminution in value between the value of a rusty thirty-year-old unbroken fence and a rusty thirty-year-old broken fence. What do you think? A hundred dollars? Less?

He sounds cantankerous. Good luck in the small claims court. Show up and tell your story there. Tell the truth.

Good luck.

Don't take what I say here as legal advice as I don't hold Illinois licensure. If you need legal advice, please consult a lawyer who is licensed in Illinois.
2 people marked this answer as good

Reputation Level 20
A defense attorney puts your wife in a better situation to defend against the claims. Without knowing a lot more details, further comment is speculation at best. Indeed, the claims themselves seem to be based on speculation.

Good luck.

God bless.

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