Broken Window

canihave · 02-10-2015 9:07am #1

My neighbour had a child's party in her house where some of the kids (12/13 years) decided it would be a good idea to bounce cans of fizzy drinks. One of these cans took flight and book my window. They are all pointing the finger at one child (who I don't know). The window is going to cost Euro150, who is liable for this?

3DataModem · 02-10-2015 9:10am

If I was the neighbour who hosted the party, I'd pay. Seems to be the fairest to me.

canihave · 02-10-2015 9:19am

That's what I thought. They are claiming it should be the child. The child's parents are saying that the finger is being pointed at him and that there was so many of them doing it that they cant be sure. They have pointed out that they left their child at the party under supervision of an adult.

3DataModem · 02-10-2015 9:22am

canihave wrote: »

That's what I thought. They are claiming it should be the child. The child's parents are saying that the finger is being pointed at him and that there was so many of them doing it that they cant be sure. They have pointed out that they left their child at the party under supervision of an adult.

You have little chance of getting the window fixed by a neighbour who is disclaiming all responsibility.

I'd fix the window, send a copy of the receipt to the neighbour with a polite note reminding them that it was smashed by a child in their home under their care.

And then I'd forget about it.

Wabbit Ears · 02-10-2015 9:24am

Neighbour is responsible for the behaviour and actions if their guests. The neighbour can, in turn, address it with the child's parents but that is none of your concern.

JimsAlterEgo · 02-10-2015 9:47am

could you claim from the neighbours insurance

canihave · 02-10-2015 9:59am

I assume that in order to claim of my neighbours insurance that they would need to be in agreement with that? Is that a correct assumtion do you know.

Chemical Byrne · 02-10-2015 10:28am

Those kids were in the care of the neighbour at the time of the incident. In my view it would be the neighbour who'd be responsible.

See if they're willing to accept liability. If they won't then maybe you could take them to the small claims court. Maybe talk to your solicitor first before you say anything so you are going in armed with the legal facts and you know what's what.

Frynge · 02-10-2015 10:32am

For the sake of €150, maybe drop the invoice into the neighbour with a note outlining why they should be paying and if they cough up, all well and good and if they don't. Then you know which neighbour to never make an effort with.

Peregrinus · 02-10-2015 3:32pm

JimsAlterEgo wrote: »

could you claim from the neighbours insurance

No. You can claim from your neighbour, and your neighbour can claim from their insurance, if they have insurance for this kind of thing.

April 73 · 03-10-2015 4:59pm

Chemical Byrne wrote: »

Those kids were in the care of the neighbour at the time of the incident. In my view it would be the neighbour who'd be responsible.

See if they're willing to accept liability. If they won't then maybe you could take them to the small claims court. Maybe talk to your solicitor first before you say anything so you are going in armed with the legal facts and you know what's what.

While I think the neighbour should pay up, small claims court & using a solicitor will spur the neighbourly relationship very badly & for good. It's not healthy to live beside someone whete there's a toxic relationship.
Get the window fixed & drop the invoice in. Explain that it wasn't your fault that you incurred the expense & that you'd like it to be covered by them.

Broken Window

Comments