What to do if my neighbor wants to take me to court becuase apparently while mowing my grass a rock hit her window and cracked it?

She said a neigbor saw I was mowing but how is it possible to know it was me?

Asked on October 14, 2015 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are two different issues
1 Can she file a lawsuit against you e.g. for the cost of the window if she in good faith even if possibly incorrectly e.g. not for malicious reasons or just to harass you thinks you damaged her property? Yes--anyone may file a lawsuit against anyone whom they believe damaged their property.
2 Can she win the case? That depends on whether she has evidence that you caused the damage. Such evidence can be the testimony of a neighbor the neighbor would have to show up in court and testify that she saw you mowing and that as you were mowing the window broke. The court will decide if the evidence is credible or believable and, if it is, whether it is sufficiently persuasive that you caused the damage.


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