I want to bring a case of negligence against my neighbour for spraying weed poison on a windy day. I think it must have floated over to my land because most of my crop in an adjoining paddock has completely withered. Everywhere else is fine. I've lost so much money because of this and I need to seek compensation. What would I need to prove in court?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 NSW
- To bring a case of negligence against your neighbour you need to prove the following elements in court:
- that your neighbour owed you a duty of care;
- that your neighbour breached that duty of care;
- that you have suffered damage or injury;
- that there was a connection between your neighbour’s breach and your injury; and
- that the harm caused was reasonably foreseeable by the neighbour and not too remote.
- Whether you can prove each of these elements will depend on your particular case including the quality of any evidence that you may have. In your situation you have suffered financial loss and damage to your property. You would need to prove that it is more likely than not that the withering of your crop was caused by your neighbour spraying weed poison rather than something else. You would also need to prove that your neighbour should have known that if they sprayed weed killer on a windy day that it would damage your crop or at least that a reasonable person in your neighbours' situation would have foreseen this possibility.
- It is possible that you can establish these elements but it is always essential to obtain legal advice in relation to your particular situation. The law may also differ in your state or territory of residence. You should seek further information from a negligence lawyer in your local area.