Neighbor thinks my son broke his window and wants to sue me.

[dgeiger28]

What is the name of your state (only U.S. law)?

I live in Arizona.

Hi and thank you for taking the time to read my post.

The other day my neighbor called the police to report his window was just broke by what appears to be an air soft pellet. We live across from him and there is an open common area that is about 100 feet wide between our homes. He said he hear the window break and went outside and saw the air soft pellet on the ground in his yard, and that my son was outside at the time. Now he said that my son didn't have his air soft gun and was just cleaning his shoe's at the time. And that he didn't see who or what broke his window other than he heard it and found the air soft pellet on the ground in his yard.
By the time the police came over to my house my son and wife were gone and I was home. I was not aware that anything had happened at this time, nor did the neighbor say anything to my son when he say him. I told the officer that it’s possible that something happened and that I would go with him to talk to the neighbor. I tried to call my son before going over there but he didn't answer at the time. So I went over to the neighbor and saw the windows and exampled that if my son was outside with his air soft gun that I would fix his window. Now I told him IF my son had the air soft gun out I would fix it. So we all left. Later that day I first talked to my wife and asked her if my son had his air soft gun out that day. She said no. Then I talked to my son and asked if he had his air soft gun out that day. He said no. I asked if he was in the back yard at all that day. He said yes that he was cleaning his shoes and brushing his teeth at the same time because he was running late. He said he also talked to our next door neighbor (who is an adult) who was taking my son and his friends out to dinner, the neighbor basically said hey we are leaving in 15 minutes come on over when you are done getting ready. That neighbor was outside because he was letting his dog out before leaving. So I asked the next door neighbor did my son have his air soft gun out at the time he was telling him they were leaving in 15 minutes. He said no. So then I told my son why I was asking all the questions and my son told me that the air soft gun can't even break windows, because he has hit our windows a couple of time and nothing happened. So I took the air soft gun and shoot my window from 5 feet away several times and nothing happened. Now keep in mind that the neighbor window is over 100 feet away from our house.
So I went back and explained to the neighbor with the broken window that it wasn't my son who broke the window and that I would not be fixing his window. I explained that my wife, son, and neighbor all said he was not our with his air soft gun at the time and that he had not used it in over a week. I also explained that I tested shooting my window and it didn't break the window, and if it didn't break my window there is no way it could have broken his window from 100 feet away. I also explained that there are several other teens in the area that have BB guns and air soft gun and it was probably someone else who broke his window. So that started a heated argument that ended with him telling me that he was having your son arrested and we are going to sue me. So my question is can they have my son arrested and do they have grounds to sue me?

Thank you for your time and answer,

 

[latigo]

No and no!

 

[CSO286]

No and no!

But that may not prevent the neighbor from trying.

1. The neighbor can't "have someone arrested". Law enforcement can do that. A prosecutor can order an arrest. The neighbor cannot order the arrest. (Unless by some wacky co-inky-dink, he is the local prosecutor, in which case you have a whole othe basket of troubles heading your way....

2. He can sue you. Anyone can sue anyone at any time. Whether or not they will be successful--whole 'nother basket of apples.

 

[dgeiger28]

But that may not prevent the neighbor from trying.

1. The neighbor can't "have someone arrested". Law enforcement can do that. A prosecutor can order an arrest. The neighbor cannot order the arrest. (Unless by some wacky co-inky-dink, he is the local prosecutor, in which case you have a whole othe basket of troubles heading your way....

2. He can sue you. Anyone can sue anyone at any time. Whether or not they will be successful--whole 'nother basket of apples.

Thanks for your answers. The neighbor is not a prosecutor. I understand that anyone can sue anyone at anytime, but does he even have a case that would hold up in court?

 

[justalayman]

Thanks for your answers. The neighbor is not a prosecutor. I understand that anyone can sue anyone at anytime, but does he even have a case that would hold up in court?

from what you described, no but of course we read your description of the events. The neighbors could be quite different.

 

[single317dad]

A standard off the shelf airsoft gun with standard pellets did not break a window from 100ft away. The two bought together at Walmart would be hard pressed to break most glass from a distance of a few inches. There are $1000+ guns, modified setups, and heavier/harder silica pellets that could do it easily (as well as kill small animals). Over 350fps muzzle velocity and .25gr mass might do it.

 

[justalayman]

I'm not familiar with airsoft guns but from my understanding they shoot a soft pellet. Is there any way to insert a stone or BB into the pellet? Did the neighbor inspect the pellet found such that he would have discovered such treatment?

 

[STEPHAN]

If kids could get arrested for breaking windows our jails would be overloaded ;-)

 

[justalayman]

If kids could get arrested for breaking windows our jails would be overloaded ;-)

they can be arrested for breaking windows.


Of course we are not generally arrested for accidents but if there was intent, well, that is a different situation altogether.

 

[single317dad]

I'm not familiar with airsoft guns but from my understanding they shoot a soft pellet. Is there any way to insert a stone or BB into the pellet? Did the neighbor inspect the pellet found such that he would have discovered such treatment?

The 6mm (.236") airsoft size is slightly larger than a 4.5mm (.177") BB, so theoretically one could insert a foreign object into a standard pellet, but it would be much easier to buy one of the many silica or metal pellets available on the market. The "soft" in airsoft is a bit of a misnomer, as the pellets aren't really very soft, but are very low density so they lose velocity quite quickly after firing. Some of the high end guns are quite powerful and with custom ammunition they hurt A LOT when they hit you. Most outdoor courses allow only biodegradable ammo, which rules out all metal and silica pellets. Low end airsoft guns and pellets will barely leave a welt if you are hit from a few feet away on bare skin. I've seen safety goggles broken by high end ammo (and players banned from fields).

 

[dgeiger28]

I'm not familiar with airsoft guns but from my understanding they shoot a soft pellet. Is there any way to insert a stone or BB into the pellet? Did the neighbor inspect the pellet found such that he would have discovered such treatment?

The neighbor gave the police officer a normal plastic walmart pellet for air soft guns, that the neighbor said he found in his yard. I asked the neighbor if there was a BB or other pellet in the window because only the first pane was broke and he said no. As far as for my son's air soft gun its just a normal not modified air soft gun. Not sure where he bought it from.

 

[latigo]

The neighbor gave the police officer a normal plastic walmart pellet for air soft guns, that the neighbor said he found in his yard. I asked the neighbor if there was a BB or other pellet in the window because only the first pane was broke and he said no. As far as for my son's air soft gun its just a normal not modified air soft gun. Not sure where he bought it from.

Please d, you're brewing the proverbial tempest in a tea pot.

Unless an eye witness surfaces there is no existing evidence to support either a criminal of civil complaint. What that toy pop gun might be capable of doing is totally immaterial.

You ought to be intelligent enough be aware of that. Prosecutor and criminal and civil judges are and so should the neighbor. Quit stewing. Your kid ain't going to go to prison, so get on with your life, enjoin the holiday with your family and deal with what happens when and if it happens. You can't control your neighbor so stop allowing him to control you.

 

[dgeiger28]

Please d, you're brewing the proverbial tempest in a tea pot.

Unless an eye witness surfaces there is no existing evidence to support either a criminal of civil complaint. What that toy pop gun might be capable of doing is totally immaterial.

You ought to be intelligent enough be aware of that. Prosecutor and criminal and civil judges are and so should the neighbor. Quit stewing. Your kid ain't going to go to prison, so get on with your life, enjoin the holiday with your family and deal with what happens when and if it happens. You can't control your neighbor so stop allowing him to control you.

Latigo thanks again for you post! Quick question are you a lawyer or have you studied law?