If a neighbor shoots a pellet gun and the pellets go through a privacy fence and hits your air conditioner, is the neighbor required to pay or could this be filed on insurance?

Asked on March 3, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It's not either/or--it's both. That is, if you have relevant insurance coverage, you could certainly file a claim. If you do not, or choose to not file against your own insurance, you could ask the neigbor to pay; if he or she does not, you could sue him. The lawsuit would be based in negligence--that your neighbor's unreasonable carelessness in how/where/etc. he shot the gun damaged your property. You could sue (or claim under your insurance) for the actual cost to repair the damage done by the errant shot.


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