Quick Answer: Can I Sue Someone For Damaging My Property?

How do you prove malicious damage?

To convict you of malicious damage to property, the Prosecution must prove each of the following elements beyond a reasonable doubt:You destroyed or damaged property;The property belonged to another person, or the accused and another person;The destruction or damage was done maliciously, with intent or recklessness..

What is the punishment for property damage?

If the value of the property is between $2,000-$5,000, the maximum penalty that can be imposed is 12 months imprisonment or a fine of $5,500. If the value of the property exceeds $5,000, the maximum penalty that can be imposed is two years imprisonment.

Is property damage a civil case?

Civil damages are granted when a person is injured or suffers a loss that stems from the wrongful or negligent actions of another party. … The plaintiff may have suffered harm in terms of damages to personal property, physical injury, or the loss of support and opportunities.

Is it worth it to take someone to small claims court?

The dollar amount that you can sue for in small claims court varies depending where you live. … If your dispute is for slightly more than the limit, it may still be worth it to file a small claims suit. You won’t be able to sue for the full amount, but you’ll avoid the expense of a regular lawsuit.

Can you sue someone for destruction of property?

If someone damages your property, you could sue them to pay the cost of repairs. Example 2: If someone doesn’t complete all the tasks they agreed to under a contract, you could sue them to compensate you for all the time or money you lost by them failing to complete the tasks.

What is it called when someone damages your property?

Vandalism occurs when an individual destroys, defaces or otherwise degrades someone else’s property without their permission; sometimes called criminal damage, malicious trespass, or malicious mischief.

What can I do if my Neighbour damages my property?

Start by talking to your neighbour and asking them to check if their insurance will cover the damage. They will need to lodge a claim with their insurance provider. If you’re submitting a claim to your neighbour’s home insurance provider, you’ll need to prove that the damage was, in fact, their fault.

What’s property damage?

n. injury to real or personal property through another’s negligence, willful destruction, or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury.

Can I trespass on neighbor’s property to make repairs?

Due to trespassing laws, you technically can’t amble onto your neighbor’s property without her permission. However, most communities have laws that allow you or your contractors safe and reasonable access to your property for repair or painting work. After all, most scaffolding is at least 4 feet wide.

Does my homeowners insurance cover damage to neighbor’s property?

Your policy or your neighbour’s policy may cover each other if it’s a liability issue and the relevant home insurance policy includes liability cover. For example, if your neighbour’s tree falls on your home, then your neighbour’s home insurance might cover the damage.

How long do you have to sue for property damage?

This is usually the driver but can also include the owner. Court action for property damage must usually start within six years of the date of the accident. Drivers under 18 must similarly claim within six years from when they turn 18.

Can I sue neighbor water damage?

Entry of water If the flow of water causes damage you may be able to sue for compensation and/or obtain a court order stopping the activity. If the flow is caused by a deliberate act of the neighbour, it may be a trespass.