Protecting Your Property: What to Do If Someone Causes Indirect Damage
If someone indirectly damages your property, you may have a legal remedy against them. The specific remedy available to you will depend on the circumstances of the case.
Direct vs. indirect damage
Direct damage is damage that is caused directly by an act or omission. For example, if someone hits your car with their car, that is direct damage. Indirect damage is damage that is caused as a consequence of an act or omission. For example, if someone hits your car with their car and you have to miss work as a result, that is indirect damage.
Remedies for indirect damage
The most common remedy for indirect damage is a claim for damages. This means that you can sue the person who caused the damage and seek compensation for your losses.
However, it is important to note that not all indirect damage is recoverable. In order to be successful in a claim for indirect damage, you must show that the damage was foreseeable and that it was caused by the other person's negligence.
Steps to take if your property is indirectly damaged
If your property is indirectly damaged, the first step you should take is to gather evidence of the damage. This may include taking photos of the damage, getting estimates for repairs, and collecting any other relevant documentation.
Once you have gathered evidence of the damage, you should contact the person who caused the damage and try to resolve the matter amicably. If you are unable to resolve the matter amicably, you may need to consider filing a lawsuit.
If you decide to file a lawsuit, you should consult with an attorney to discuss your case. An attorney can help you to understand your legal rights and options, and can help you to prepare your case for trial.
Examples of indirect damage to property
Here are some examples of indirect damage to property:
- A neighbor builds a fence on your property line, which blocks your view and reduces the value of your home.
- A construction company damages your property while working on a nearby project.
- A business pollutes the air or water, which causes damage to your property.
- A government agency takes your property for public use, which causes you to lose income or incur additional expenses.