My neighbor does not watch his children, they are constantly in the street and in everybody's yards. I have found dents in my car and crystals taken from my front yard and smashed in my driveway and most recently the youngest has walked through my wet pavement and left footprints. My husband spoke to them And asked that the children not be allowed on our property at any time unless they have called ahead (prior to the new concrete). I now have footprints in my new concrete that I just paid $1200 for. Can I sue them for damages? And how do I assess the amount of damage?
Your neighbors are legally liable for the trespass and destruction of property by their children. They may be able to make a claim on their homeowner's policy for the damages, but it could be denied if the insurance adjuster determines the damages were intentionally caused by the children (insurance generally covers only negligent acts). If that happens, you may be forced to sue the parents in small claims court at Reno Justice Court. Nevada law makes parents responsible for up to $10,000 of damages willfully caused by their minor children (see NRS 41.470). So, if your proof is substantial and you can demonstrate - without question - that it was THEIR children who caused the damages, you should win the suit and obtain a judgment against your neighbors.
Mr. Williams is licensed to practice law in the state of Nevada. The foregoing response does not constitute legal advice and does not create an attorney/client relationship. The response is, essentially, educational only, and is intended to provide general legal information about the matters presented by the question. Often, the question does not include significant and important facts, dates and other information that, if known, could significantly affect the appropriateness of the response and make it unsuitable. Mr. Williams strongly advises consulting directly with an attorney licensed in your state in order to ensure proper advice and counsel is received.
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