Quote:
Originally Posted by ade06
Man, I was just joking!!!  But, I wasn't even thinking about negligence. I'm sure a plaintiff attorney could come up with some other claims too. I practice transaction law, so what do I know about litigation. LoL. |
I know you were just joking...I thought I conveyed that in my response. Thus the "
" It's all good in the hood either way
As for an action before damage is done, that would be difficult, as damage is an essential element of a tort suit. You'd probably have a hard time showing the emotional distress damages to prevail there. Frankly, I haven't dealt with nuisance since law school, so I can't comment intelligently on that point. My best guess would that it would have to be something based in equity, such as an injunction - arguing that the risk of home invasion or death isn't compensable with money damages and that once that bell is rung, it can't be unrung. It is certainly not as straight forward, but I think it is at least a colorable claim that isn't going to get anyone sanctioned for bringing it. Just my
