Decorative rock hit in Omaha- who is liable?

[tpbegley]

My wife and I have a large decorative rock in the front of our house. It, as we have found out, is actually on city property by about 2 feet. A man drove into the driveway of the house next door and missed the rock. He was warned by someone at the house to watch for the rock. As he backed out, he claims his tail pipe hit the rock and did $200 worth of damage to his exhaust system. The rock is on our side of the property line between the neighbor and my yard.

Who would be liable for the damage done- the driver or the owner of the rock? We are in Douglas county, NE, the city of Omaha.

Thank you,
Tim Begley

 

[jharris352]

He bears all responsibility for hitting the rock. You didn't put the rock in the driveway you put it in the YARD and he isn't suppose to be driving there. A judge will laugh at him if he sues you. I would send him a bill for scratching my decorative rock. You have to love idjits!

 

[tpbegley]

Thank you for your expert opinion!