Can i be sued for this?

u_c_thesecond

I am having building work done out my back garden,my gardens on 2 levels and my back walls are very high. I am the middle house between 2 other houses and if you wanted to get in my garden without coming in my gate you would have to climb the neighbours walls and crawl over to my garden. (Just giving an idea of how secluded my garden is)

As i am having work done in garden theres bricks all over the place.

Ill give a quick Jist of what has happened.

• Yesterday a 15 year old boy was in my garden without my permission. He tripped on something and split his head off my end steps, and his mother is threatning to sue me.

• I was not at home and i am not 100% sure of what happened but my next door neighbour said this boy walked across her wall and jumped into my garden and she saw him. She yelled at him to get out of my garden and he said "This is my aunts house" so she said nothing more about it

• He hurt himself and rang his mother who came over with 2 guys and kicked in my wooden back gate(whick is split in two now).

• I came home to a crowd out my back lane and an ambulance. I have been screamed at by the mother and told im being sued. This woman and her son dont even live in thes estate so what he was doing here i dont know

Can anyone give me some insight on this? I am pretty sure i cant be sued for this as he was trespassing on my property.

Syllabus

if youcan get sued successfully for what happened here then all i cay say is roll on end of the world 2012 #mayan calander

Myrddin

So he hurt himself while trespassing on private property?
His friends then caused criminal damage to your house to retrieve him?

Madness if you can be sued, but in Ireland it wouldn't surprise me

Doom

Report it immediately to the garda as trespassing with criminal damage, get a cost of gate replacement and sent it to them.

CIARAN_BOYLE

if by tripped on something you mean slipped on a lubricated surface then sure you can be sued but if you mean tripped on something then I don't think so.

Prosecute the lot of them for tresspass and criminal damage imo and countersue for the cost of replacing your gate.

By the way I'm not a solicitor and you should consult with one before taking any action

u_c_thesecond

My husband thinks we should offer to pay his medical bills as a gesture of goodwill but i think that it would look like i felt i had something to feel guilty about

i tried to call my socilitor to get some information but only got his answering machine. My neighbour told the police the guy claimed he was going into his aunts house and i told them they damaged my back gate.

Myrddin

u_c_thesecond wrote: »

My husband thinks we should offer to pay his medical bills as a gesture of goodwill but i think that it would look like i felt i had something to feel guilty about

i tried to call my socilitor to get some information but only got his answering machine. My neighbour told the police the guy claimed he was going into his aunts house and i told them they damaged my back gate.

That could look like you were taking responsibility.

Report it to the Gardai & contact your solicitor tomorrow [Monday]

dehain

What a bunch of mindless bloody hooligans, think they were using the lad to check the place out if you ask me hence the fact the reaction you have had. I'd definetly repot the matter to the Gardi as they sound rather good at intimidating folk so Id say they have done this before

Myrddin

If you were screamed at thats also a form of Assault

Procrastastudy

u_c_thesecond wrote: »

My husband thinks we should offer to pay his medical bills as a gesture of goodwill but i think that it would look like i felt i had something to feel guilty about

For the love of God don't do anything like this until you've spoken to a solicitor.

My (practical) advice, for what it's worth, is speak to a solicitor / insurance about it. You can't seek legal advice here and it would be very irresponsible for anyone to give it under the circumstances. Even I know most of the stuff that has been said above is rubbish. I wouldn't be loosing any sleep over it though tonight.

the keen edge

As others have suggested report it to the Gardai ASAP.

Document everything that has happened: including the damage to your property And get the names of those involved.

It sounds like you're dealing with scumbags. Be smart, be meticulous and use your brain; they are, no doubt, bereft of these attributes, use this to your advantage.

I personally wouldn't offer a cent to them at this stage.

u_c_thesecond

CIARAN_BOYLE wrote: »

if by tripped on something you mean slipped on a lubricated surface then sure you can be sued but if you mean tripped on something then I don't think so.

Theres no lubricated surfaces in the back garden- its all concrete- by where the blood was it looked like he fell down the steps from the 2nd level.

EnterNow wrote: »

That could look like you were taking responsibility.

Report it to the Gardai & contact your solicitor tomorrow [Monday]

Yes i figured that- and i dont see why i should either, i didnt do anything in the wrong. The police were at the door just after i got back she had called them.

dehain wrote: »

What a bunch of mindless bloody hooligans, think they were using the lad to check the place out if you ask me hence the fact the reaction you have had. I'd definetly repot the matter to the Gardi as they sound rather good at intimidating folk so Id say they have done this before

Ya my neighbour thinks that they knew there was building workk going on and saw an oppertunity to rob some expensive equipment. Thank fully it was locked in my shed.

chops018

An occupier of a property has a duty to trespassers don't forget.

http://www.irishstatutebook.ie/1995/en/act/pub/0010/sec0004.html#sec4

Anyway as has been already advised don't do or say anything until you consult a Solicitor.

You can be sued, especially by scumbag solicitors/clients who hope for 'go-away' money. They could claim that the garden and building works were an obvious temptation to a curious child and that they were insufficiently protected (this line worked before in a tragic case and became a precedent, but I'm not sure if pressure from farmers resulted in a change to balance things).

However, if it got to court I would sincerely trust that you would win (but you never know with some judges and the average jury).

I'd report it to the guards (might he have been looking to steal something?) and get an estimate for the gate. Then let your insurance company know about the accident.

NoQuarter

Yes you can be sued under the Occupiers Liability Act, 1995. You duty to a trespasser is to "not intentionally injure him" or to "act with reckless disregard". See here: http://www.irishstatutebook.ie/1995/en/act/pub/0010/sec0004.html#sec4

Dont listen to any of the above advice bar going to the garda, its all nonsence. Especially the lubricated surface part

NoQuarter

Deleted User wrote: »

and the average jury

There wouldnt be a jury.

Milk & Honey

u_c_thesecond wrote: »

My husband thinks we should offer to pay his medical bills as a gesture of goodwill but i think that it would look like i felt i had something to feel guilty about

i tried to call my socilitor to get some information but only got his answering machine. My neighbour told the police the guy claimed he was going into his aunts house and i told them they damaged my back gate.

There should be public liability cover on your house insurance. Contact your insurers tomorrow and tell them what happened. They will look after defending any claim. Do not do or say anything which would hinder the defence.

chops018

Deleted User wrote: »

but you never know with some judges and the average jury

There is no jury in a civil action unless it is an assault case or a defamation case, also there isn't a jury for a criminal case tried summarily in the District Court.

Procrastastudy

chops018 wrote: »

There is no jury in a civil action unless it is an assault case or a defamation case, also there isn't a jury for a criminal case tried summarily in the District Court.

Assault? I thought it was FI and defamation?

krd

u_c_thesecond wrote: »

My husband thinks we should offer to pay his medical bills as a gesture of goodwill but i think that it would look like i felt i had something to feel guilty about

That could be seen as an admission of guilt or culpability.

Something I do know. That if the family sues, and are successful, it would be a lot less expensive for you if the unfortunate teenager dies. That way you're only liable for costs - funeral costs.

If I were you, and you were me, I would visit the young man in hospital - late at night, outside visiting hours, when anyone who is around is too sleepy to be paying too much attention, get a white coat from some place. I know these things are difficult the first time, but they get easier, trust me.

And then you could pay a visit to the young man's mother. Just to see if she's in good health. You'd be shocked how many people in Ireland die every year in horrific freak accidents in the home. A neighbour of mine once died while making a cup of tea. Tripped. Pulled the kettle down on herself, the spout straight into her mouth, and died nearly instantly - well it took about 15 or 20 minutes. And I don't know, maybe it was instantaneous, and the rest was just reflexes....but I'm not a doctor, I wouldn't know. It was horrible... a horrible way to die.

It does get easier. I know that much. ....And after a while the nightmares stop too.

Tom Young

Here read the Charter. I'm infracting every poster to this thread.