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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101323
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I sue my neighbor off loud guns on his

Customer Question

Can I sue my neighbor for shooting off loud guns on his property even if it's legal? I heard you can slap on a civil suit.
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. What state is this in, please?
Customer: replied 11 months ago.
Oregon , Columbia County where guns can be shot no matter how close you are to a neighbor it's awful, he shots when ever he wants
Expert:  Ely replied 11 months ago.
Thank you. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one. Here, there may be a claim for nuisance. Nuisance is an action that disallows the Plaintiff enjoyment of their land and where the Defendant commits substantial interference. Thornburg v. Port of Portland, 415 P. 2d 750 - Or: Supreme Court 1966. Sound can be a nuisance. In the end, it is up to the Judge/Jury to decide in every case. However, gun shots have successfully been the cause for nuisance claims in many jurisdictions and many circumstances. Just because it is lawful to fire guns does not mean that one can fire a gun around his neighbors' estates without end subjecting them to endless, loud gunshot sounds. If that is not a nuisance, then I am not sure what is. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.