# Neighbour's rock used to hit my car. Liability?



## nomorejob (7 Apr 2010)

Few neighbourgs have put large rocks on the grass patch in front of their house, outside their garden boundaries, onto public path.
Last week at night, some drunk head picked up a stone (approx 8 pounds), carry it for 40 yards or so, and threw it onto my car (was the first car they found on their way), which damaged very badly a door as you could image. My car was parked onto the road.
Only one of these neighbours has painted his rocks..and the rock used to hit my car was painted.  I have taken photos in the morning. 
I have never had any issue with any neighbours, so i am quite sure they have nothing to with the incident itselft.

But do they have any sort of liability for having left loose rocks onto public path, used to damaged my car?


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## stefg (7 Apr 2010)

I think you are being unfair to your neighbours!

If someone damages your car then surely that person is responsible.  

Imagine if you left out your bins, for example, and some drunk hit a neighbour's car with one of your bins.... If they then came to you claiming you were liable, how would you react?


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## Purple (7 Apr 2010)

nomorejob said:


> But do they have any sort of liability for having left loose rocks onto public path, used to damaged my car?



I hope not.


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## Magpie (7 Apr 2010)

Perhaps it wasn't a drunk, but a neighbour, if you are always so nice to them?


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## coldcake (7 Apr 2010)

I always wonder about people placing these rocks on the grass on a public footpath. I understand that churned up grass is an eyesore but what if you parked  and hit one of these things. I understand that you should not park your car on the footpath but many of us have no alternative and I feel for the OP as people think they have the right to place these rocks anywhere they like. They are often just as much an eyesore. Another case of people taking the law into ther own hands?


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## bobalong (7 Apr 2010)

To me this is a case of a sign in urban areas like the low speed limit sign. Alot of people flaunt this speed limit, IGNORE SIGNS in general. All this is fine UNTIL SOMETHING HAPPENS, then the sign comes  in to play. Then also that much used phrase - "ignorance is not accepted as an excuse".

I hope you get my meaning - alot of laws and stipulations that are there only raise their head when SOMETHING HAPPENS, otherwise people ignore them OR are not aware of same. This situation sounds like this.

1. Placing rocks on a public footpath would come into play? Is this legal?
2. Planning - Is this an open plan estate according to original plans? Would rock boundaries be seen as breaking this?
3. Had the council / corporation a responsibility here? - rocks not allowed on the footpath

Dont eat my head off - In court "silly things" like little bylaws and the like of above may come into play, stuff you and me may not be bothered finding out about when we go about doing certain things like this.

One could argue that the neighbour has to take RESPONSIBILITY for the CONSEQUENCES of an ACTION they took OF THEIR OWN VOLITION? When placing the rocks in the first place I am sure no consideration what so ever was given to consequences? I am not blaming them in this regard .. I am sure alot of us would not consider such things. But its a good example to show what can happen.

About being a good neighbour - where does that line get drawn relative to what your neighbour does around you? Rocks on a footpath? Large wall built obstructing your view / sunlight? Rusted cars jacked up in a drive? I think the law does not distinguish things from each other as much as we might, it can be very black and white ..

With respect to the bin argument - Bins are placed on public footpaths UNDER INSTRUCTION from the council / corporation? Here their would be clear ownership of responsibility if something were to occur? This is an interesting one - does the small print somewhere stipulate that we should put the bins on public footpaths OR have to keep them on our property?

Finally - Responsibility for ones own actions - something very scarce in Irish society? Well, thats maybe another debate somewhere else 

Bobalong


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## stefg (7 Apr 2010)

bobalong said:


> With respect to the bin argument - Bins are placed on public footpaths UNDER INSTRUCTION from the council / corporation? Here their would be clear ownership of responsibility if something were to occur? This is an interesting one - does the small print somewhere stipulate that we should put the bins on public footpaths OR have to keep them on our property?



What about the situation where someone plants a tree and a branch is used to do damage?....

I can sort of see the point you are making but this seems to be over the top and really digging deep to find some legal issue...

In this case, you would hope common sense would prevail... being that if there is an issue about rocks then that should be sorted out between the neighbours but the damage to the car should be blamed on the neighbour.

This is an opinion and not a suggestion from a legal point of view.  Do issues such as these really need to involve legal action between neighbours?  Surely some discussion should not be the first step before even considering legal action?...


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## bobalong (7 Apr 2010)

stefg said:


> ... In this case, you would hope common sense would prevail...
> 
> ... Surely some discussion should be the first step before even considering legal action?...



Yip,

I wasnt really advocating legal action, I take your point it was a "deep" view. But only to illustrate what may arrise if it did go legal.

One would hope for an amicable outcome - the rock owning neighbour maybe coming forward with a contribution to the repair? However in these recessionary times this may not be possible financially. 

Of course another question - does the neighbour own the house or is it rented??

Bobalong


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## stefg (7 Apr 2010)

bobalong said:


> Of course another question - does the neighbour own the house or is it rented??
> 
> Bobalong



Aagghh!! I give up!


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## Caveat (7 Apr 2010)

nomorejob said:


> Few neighbourgs have put large rocks on the grass patch in front of their house, outside their garden boundaries, onto public path.
> Last week at night, some drunk head picked up a stone (approx 8 pounds), carry it for 40 yards or so, and threw it onto my car (was the first car they found on their way), which damaged very badly a door as you could image. My car was parked onto the road.
> Only one of these neighbours has painted his rocks..and the rock used to hit my car was painted. I have taken photos in the morning.
> I have never had any issue with any neighbours, so i am quite sure they have nothing to with the incident itselft.
> ...


 
 

I really thought I had heard it all with regard to compo culture...


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## redchariot (7 Apr 2010)

nomorejob said:


> Few neighbourgs have put large rocks on the grass patch in front of their house, outside their garden boundaries, onto public path.
> Last week at night, some drunk head picked up a stone (approx 8 pounds), carry it for 40 yards or so, and threw it onto my car (was the first car they found on their way), which damaged very badly a door as you could image. My car was parked onto the road.
> Only one of these neighbours has painted his rocks..and the rock used to hit my car was painted.  I have taken photos in the morning.
> I have never had any issue with any neighbours, so i am quite sure they have nothing to with the incident itselft.
> ...



You must be kidding!!! For a second there, I thought it was April Fools Day again. Using the same argument you could say that you can sue the pub if some drunk hit you across the head with a glass bottle or sue a takeaway if while on the way home, a drunk picked up a bottle of vinegar and threw it at you.

That is the compo culture gone mad; we will be like the USA before long!!!


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## sustanon (8 Apr 2010)

redchariot said:


> That is the compo culture gone mad; we will be like the USA before long!!!


 
to be fair, the majority of Americans have an intense sense of respect for personal property. Criminal damage is dealt with severely and the police actually make an effort to arrest and jail the perps.


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## levelpar (8 Apr 2010)

> Neighbour's rock used to hit my car. Liability


 
Suppose your neighbour left out a loaded gun  and a drunk picked it up, accidently pulled the trigger and shot someone or to go back to the rock story say the drunk picked it up and smashed someone 's head in, surely the neighbour is responsible ?
 It's not as if the rock was part of a wall .


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## Staples (8 Apr 2010)

If the drunk had tripped over the rock, which had been placed there deliberately by the neighbour, and suffered injury, he could probably sue the neighbour.

The rock shouldn't have been there. The neighbour has no absolute right to determine what should or shouldn't adorn public areas.


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## galwegian44 (8 Apr 2010)

You'll have to check whether your neighbour actually owned the rock in question. If he appropriated it illegally then you will need to hire someone to determine the real owner of the rock and direct your compensation claims to them, let's hope that said rock was not imported illegally from another country.



bobalong said:


> Of course another question - does the neighbour own the house or is it rented??
> Bobalong


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## Mel (8 Apr 2010)

How do we know that the neighbour is responsible for putting the rocks there in the first place? 
They may have been put there by a previous owner of the house, or along the entire street by one resident.


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## mathepac (8 Apr 2010)

levelpar said:


> Suppose your neighbour left out a loaded gun  and a drunk picked it up, ...


The situations are not analogous; the neighbour would require a fire-arms certificate for the gun and if what you describe happened, he (the neighbour) could be liable to prosecution; I am not aware of a requirement to have a rock licence or certificate, unless of course Biffo & Co have a new money-making scheme up their sleeves where a citizen needs a licence in order to retain possession of any property.


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## levelpar (9 Apr 2010)

> the neighbour would require a fire-arms certificate for the gun


 
The neighbour might be one of the mafia with a licence to kill.


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## tosullivan (11 Apr 2010)

I'v enever heard of people putting rocks out on the public grass verges but if I did see this on my road, I'l lose the plot.  Nobody has the right to do this.

In saying that, they are hardly responsible for someone else using it to damage their car.  Maybe the person who did the damage thinks you put the rocks out?


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## dub1 (11 Apr 2010)

This was a ridiculous query in the first place. Of course your neighbour isint responsible. i work in motor insurance claims and i would find it hard not to laugh at someone if they tried to blame a neighbour like this


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## Billo (12 Apr 2010)

nomorejob said:


> One of these neighbours has painted his rocks..?




Ouch


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## Staples (12 Apr 2010)

dub1;1027935i work in motor insurance claims and i would find it hard not to laugh[/QUOTE said:
			
		

> I thought this came quite easily to people working in insurance.


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## galwaytt (15 Apr 2010)

tosullivan said:


> I'v enever heard of people putting rocks out on the public grass verges but if I did see this on my road, I'l lose the plot. Nobody has the right to do this.


 
...happens a lot around here, in that 10m x 3m space you are obliged to leave outiside your house, for parking.    Putting rocks to impede it's use is a breach of Planning Regulations, so yes, it is illegal.

OP - get on to the council, planning enforcement.


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