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Tuesday, March 29, 2016

Battery: Poking in the chest?


Can she do anything legally

Asked 7 days ago - York, NE
Practice area: Residential Real Estate
My wife lives in Nebraska an her neighbor has physically assaulted her by poking her in the chest. She now comes to her window an rants an raves non stop. The police have been called an say the landlord needs to address this she says they can't get involved to call the police. My wife is disabled an has a heart condition which the stress has sent her regent care already. What can she do is the refusal by the landlord considered reckless endangerment?

ATTORNEY ANSWERS (1)

  1. Answered Your wife has 3 options here, press charges and file a report with the police and ask for a restraining order., sue the neighbor for battery, sue the landlord for allowing a dangerous tenant to reside on his premises putting others in danger. Her best case is the first one, the second one would be hard to show damages, and the third one I would see as a loser case. The pursuit through the criminal justice system would appear to be the best avenue. Having a heart condition makes her sympathetic to the police and if she can demonstrate the neighbor knew this and was poking her chest, she can have him arrested or at least have him avoid her by court order. Her neighbor has committed common law battery by all accounts but the key question is damages, what more has she suffered because of his yelling and unwanted touching. You have not listed any and so I do not see much of a case. The final case involving the landlord would be almost impossible. Neighbors will yell and argue with each other. Did her neighbor act beyond the reasonable bounds of a simple argument? Would a reasonable landlord assume this man is a danger to all around him? From all appearances this would be a week case. It might be best for her to try to move, the landlord might be sympathetic and let her out of her lease.