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Thomas McJD
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Im being sued in a civil suit. Because I shoot exploding targets

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I'm being sued in a civil suit. Because I shoot exploding targets " which is legal where I live. There is no noise ordinance law either where I live. My neighbors who boarder are 70 acre farm. Hate them and are suing under terms of "targets throwing house out of kilter. I'm worried but at the same time think they have no case. What could happen?

.
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

In this type of case, they would have the burden to prove that your exploding targets are actually causing damage to their home from the force of explosion, debris, etc. They might also be able to claim that your use of the exploding targets in proximity to their property interferes with their enjoyment of the property which in the law is termed a nuisance. In that case, if you could simply use the exploding targets somewhere that didn't disrupt their enjoyment, then it wouldn't be an issue. Either type of claim -- property damage and/or nuisance -- is actually quite difficult to prove (and, again, they have the burden of proof in such a case), so you really have no reason to be overly concerned, especially if you feel in your mind and based on your experience that you're not causing any harm. That being said, any type of legal claim made against you is something to not simply ignore. You will need to properly defend yourself in court. You should check with your homeowner's insurance (if you're using the property where your home sits to shoot the targets) to determine whether the potential liability for which you're being sued is covered under your insurance policy. If it is not, you would need to retain a local attorney out of your own pocket to defend you against the claims that have been made. I hate to say that because it really sounds like they don't have a case and you'll be out of pocket legal expense (not to mention the headache of it all) all because they just don't like what you're doing (although it's perfectly legal).

TMcJD :

You did ask what could happen. Ultimately, they could prove their case against you (which as noted above would be difficult to do). If they did, they could obtain an award of money for property damages proved and could ask the court to prevent you from using the exploding targets in the future.

TMcJD :

Please let me know if I can provide clarification on my answer or additional assistance. Thanks.

Customer:

Thank you it was my first time being approached like this so I was a bit uneasy.

TMcJD :

Sure. Having someone threaten to sue or suing is very stressful. Good luck. I would be grateful if you could leave me a positive rating. Thanks so much and have a great day!

Thomas McJD, Attorney
Category: Legal
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Experience: Legal Expert
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Expert:  Thomas McJD replied 1 year ago.
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