Can she do anything legally
My wife lives in Nebraska and her neighbour has physically assaulted her by poking her in the chest. She now comes to her window and rants and raves non-stop. The police have been called and said the landlord needs to address this she says they can’t get involved to call the police. My wife is disabled and has a heart condition which the stress has sent her regent care already. What can she do if the refusal by the landlord considered reckless endangerment?
Traffic Lawyer Richard Simon’s Answer
Your wife has 3 options here, press charges and file a report with the police and ask for a restraining order., sue the neighbour 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 neighbour knew this and was poking her chest, she can have him arrested or at least have him avoid her by court order. Her neighbour has committed common law battery by all accounts but the key question is damaged, 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. Neighbours will yell and argue with each other. Did her neighbour 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.
