Ask the Law Guy

My backyard neighbor (I had never met her before this particular day) approached me, flashed a piece of paper in my face and told that my fence injured her dog. She didn't give me the bill nor show it to me, just waved it in my face. I have a chain-link fence and the ground has settled creating a gap between the fence and the ground. I have put very large rocks and in a few places wooden beams/2x4's to "fill-in" the gaps. The fence is in fine shape, not falling down anywhere nor are there any openings other than the filled-in gaps at the bottom. She had taken pictures of my fence and also measured it. I have called the town and they had never heard of anyone trying to get money to pay for vet bills due to injuries sustained by someone's fence. I have my own dog, and she has never been hurt nor injured by the fence.

I don't think you have any legal responsibility to pay her vet bills. If the fence is on your property and does not pose any unusual hazard (such as using razor wire or high-voltage) I think you are OK. Now if part of your fence fell over on her dog and injured it, my answer might be different. Why don't you discuss with her what exactly caused the injury and what you could both do to prevent it from happening in the future. In that conversation each of you should avoid waving things or using the phrase "talk to the hand."

Our athletic association has put together a "hi-light" video (actually dvd) from clips shot over last summers baseball and softball season. We planned to run this video during our signups this spring (actually in February). Several people objected to us doing so mainly because we didn't have any signed consent forms form the children's parents. All of the footage was shot on "Public Property" (City and School fields). My question is can we show this "Hi-light" video at registration without worry or being sued?

I doubt you could be successfully sued for using the footage. In general people have the right to photograph or record things that occur in public places. One limitation I can think of is respecting a person's right of publicity. For example, if you snapped a picture of Michael Jordan in a public place and then used it on a label barbecue sauce an army of trademark lawyers bearing restraining orders would soon arrive at your doorstep.

I think your highlight footage is fair game. You might consider whether the parents have some legitimate reason for not wanting you to use the footage other than just not having permission and take any legitimate concerns they have into account.

My daughter's car got repossessed in December, 2005. I am her mother and I signed for her to get the car 3 years ago. I didn't know she was in this mess until I got a letter from the bank 3 days after the car was repossessed. She was without a car for 5 weeks and I had to lend her my car to get to work. I rode with a friend to work every day until she was able to buy a used car from a private owner. I received a letter from the bank telling me the car was to be auctioned off and I (since I am the person who signed for the car) owed them the full amount of $13,500 plus $400 in certain fees. I talked to her about it and she had hidden it from me all this time since she doesn't live with me. She would pick up her mail from my house before I got home from work. She was 4 months behind in payments and it was a leased car so they repossessed it since she was not paying anything towards the lease. Now I have received a letter stating that the car was sold for $10,000 and I now owe them a balance of $4,698 including fees and services. What can I do? I have been a widow for 12 years. I have a job and one credit card. I own my vehicle for the past 12 years and if anything happens to my car I don't think I can get a new one because of this repossession. My daughter has totally ruined my credit and caused me a lot of hardship. I am 56 years old. What can I do to not pay for it and have the repossession removed from my credit?

Your daughter's dishonesty has caused you a whole lot of trouble. I run into problems such as yours frequently and legal advice won't help. I suggest refusing to allow your daughter to make her problems your problems. In the situation you just described, your daughter asked you to assume financial responsibility for her car and even though she knew she had defaulted on the lease payments, she hid that from you. Then when the meltdown happened she got you to lend her your car. I guess you should be thankful she did not wreck it. Your daughter took advantage of your generousity and then expected you to bail her out when she stiffed you for almost $15,000.

If the lease is enforceable, you are on the hook for the amount of the lease. Your daughter has a legal (and moral obligation) to pay you back in full.

Anyone considering serving as a co-signer must understand that she is guaranteeing the lender will be paid in full. Do not co-sign if you are unwilling to pay if the primary borrower defaults.

Between my house and the house next door is a 16 ft. alley owned by the county. There are about 8 trees in the center of that alley. Two trees are dead and at risk of falling. The county administrator got a price to take them down, after a board of supervisors meeting they sent me a letter saying that they would close the alley and do all the legal work to give me half of the alley and the other home owner the other but we have take the trees down. I do not agree, I believe they are trying to give there libility away. What should I do?

The county can't force you to assume ownership of the alley. If the trees are a danger to adjoining property the owner has the responsibility to take the trees down.

But be careful, some governments can invoke sovereign immunity to prevent suits by citizens. I suggest negotiating with the county to get the trees removed, but if it refuses, the wisest thing might be to go ahead and accept the alley and remove the trees yourself. Otherwise you are risking having a tree damage your house during a storm and facing to prospect of suing a government for damages.


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