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He's definitely over reacting by taking you to court. Maybe if you talk to him you two can work something out. He should be a little more understanding as I'm sure your 7 year old had no clue what he was doing. But with that being said, you need to keep him away from chemicals and explain to him what he has accidentally caused. Sorry op.
7 year olds are kids, not stupid... He knew exactly what he was doing. There's a great likelihood that he didn't fully comprehend the consequences of his actions, and hadn't considered potential monetary penalties etc... But he still knew damn well what he was doing. Unfortunately his mother will have to share in the responsibility by compensating the neighbor for damages. And hopefully the kid has to work it off a bit with chores or something like that.
well I think the kid didn't mean harm, maybe he thought it was just something that went on plants so he figured he'd experiment on the neighbor's pretty flowers. but either way I think op is also kinda at fault for leaving her/his kid unattended and probably refused to pay for the garden thus why they are being taken to court... then again this is a lot to assume from one sentence so whatever I guess
7-year-olds can read. He's old enough to read the label on the weed killer, and he's old enough to understand that he was destroying something that didn't belong to him.
Good luck, it's too bad he couldn't work something out with you outside of court :(
Since he's seven those things should be looked up but it would be a great time to teach him how to respect others things. You should make him help you replant him to show him responsibility to. Even though he is young if you can put those morals in him now he will make a great man and father!
Why is he suing you? Does it have to come to that? Are you not willing to settle out of court first? Your kid is your responsibility and he destroyed your neighbour's garden. Pay him the cost of his loss of his flowers and replacement of soil (Within reason) and make your kid apologize. And then keep better tabs on him from now on.
The weed killer might have been the neigbour's and left in his own yard not thinking there would be a trespasser. There's a chance that the child didn't mean to do harm and thought he was just being helpful. Still the parents' responsibility! They're neighbours. Why not try and make peace vs being enemies? If the neighbour is willing to allow the kid to help... why not? The 7 year old will learn something and maybe appreciate the beauty and hard work it takes to grow such a garden.
I agree that the neighbour should have tried to settle this out of court first before taking it to court. But I also wonder if the money that went into the garden is a really crazy high number and he just assumed that Op wouldn't openly be willing to pay all that? I wouldn't be surprised if the money that went into this garden was several hundred dollars or something. Or maybe Op reacted in a way that made the neighbour feel like he couldn't deal well with him or that op wouldn't be reasonable and that's why he chose to go the court route? It's possible he felt he had a good reason to go directly to court.
Several hundred dollars? Try thousands. My neighbor growing up competed in rose competitions and placed really well. When her next door neighbor mowed down all her rose bushes they ended up going to court over it. She ended up with a $15,000 settlement.
Small claims court has a smaller limit.
I was going to say thousands but I wasn't that sure about pricing. I also wondered about the possibility of the neighbour placing his roses in competitions which would increase the number significantly, but I didn't know if the average rose bush grower did that. I went with hundreds because I felt it would be the lower end of what it probably costs and maybe more average for a less serious hobbiest and your average neighbour. But yes, theoretically the number could be up into the thousands if the neighbour isn't just an average neighbourhood gardening type.
Kids do the darnedest things..
I will say that I am sorry that happened to you, but come on, you cant tell me you kinda deserved it.
Your neighbor should have understood the situation better. It's a seven year old, yeah they do dumb stuff. They could have resulted this easily without going to court. Sorry OP hopefully things turn out better!
The kid destroyed his property, and possibly a source of income as well if he took the flowers to competitions. If the parent refused to pay for the damages, he's perfectly justified in going to court to seek compensation.
He's 7. He should know right from wrong and to stay out of other people's property. Rose gardens aren't cheap and the neighbor probably spent a lot of time on it. I'd be pissed too, 7 year old or not.
The 7 year old may not have known the true consequences of his actions, and sounds like he's a bit of an attention grabber. But, the neighbor is fully justified in trying to get compensation. Roses aren't easy to grow and maintain, and they can get expensive. Hopefully you can settle with the neighbor out of court. Also, OP should sit down with the kid, explain to him that what he did was destructive, and could've caused serious injury to himself, the neighbor, and any animals that inhabit the area. As punishment, the kid should have to do 'community service' by helping the neighbor clear bushes, prepare then land, and re-plant. Good luck OP.
Keywords
How would a 7 year old get access to weed killer?
He's 7. He should know right from wrong and to stay out of other people's property. Rose gardens aren't cheap and the neighbor probably spent a lot of time on it. I'd be pissed too, 7 year old or not.