In this article we are going to discuss about legal aspects that are related to the personal injury.
For example, it’s late at night, and you must work in the morning, but all you can hear is the noise of your neighbor’s stereo nearby. You have asked them to turn it down before, but they don’t look to get it and the noise continues. Now, it’s time to take things to the next level. So, what could you do about your noisy neighbor?
Calling the police is the first thing that you can do. Frequently, having an officer show up at the door about a noise complaint is sometimes enough to get most people to turn the music down. A lot of areas have noise rules, and repeat visits from the police can result in fines or in misbehavior charges. If the offending noises are alarming, such as gun shots, shouting, or fireworks, the sounds of objects that are being thrown or breaking (those that you think that domestic violence is occurring), you should absolutely call the police to investigate and to make sure that others are not being harmed.
2. Nuisance Suit
If the police are unwilling to do anything about the noise, and if you live in an area where there are no laws against noise (like industrial and rural areas), or if you feel the police aren’t doing enough, then you could take matters into your own hands. On a theory of nuisance is possible to file a lawsuit against your noisy neighbor.
In order to prove your case, you are going to show to the court that:
– There is disturbing and excessive noise coming from your property of your neighbor,
– That the neighbor is producing the noise or is the landlord (and the landlord is responsible for the noise her or his tenants are making),
– That your pleasure of the home is affected, and
– That you have asked the person to stop the noise but they refused to do so.
Lastly, you will have to show how this noise has harmed you. Generally, the damage will be quite small, and can keep your court case in small claims court. However, if you have bigger damages, like lost sales or tenants of the home because of the noise, you could be also able to sue for these damages. If you work from home, you could also be able to claim damages for lost business.
In a irritation situation based on noise, proof is now easier to obtain than ever before. Thanks to new phones that have cameras and a wide selection of applications, you could easily show the headaches which you have been dealing with. There are many apps which will allow you to display in decibels the noise around you.
Of course, hours of video and audio recordings would be smart to store, so it may also be wise to keep a journal of when the noise violations happen, how long it lasts, and whether contact was made with the offending party concerning the problem. You should remember, that is one thing to complain about noise, but and another is to prove that it is enough of a problem to deserve legal intervention, by a police officer by a court.