I have a civil lawsuit pending against my neighbor for an illegal fence they erected on the property line.
While this case has been pending, there was an accident involving our vehicle, which popped out of gear while getting the mail, and the van careened into the fence, damaging it. Now, our neighbor is claiming in a counter-suit that we "intentionally and maliciously" damaged the fence, and that it is our responsibility to prove otherwise.
Is this right? I thought that the burden of proof was on the party making the claim? If not, how are we supposed to prove that it was an accident, and not intentional?
Thanks,
Michael
While this case has been pending, there was an accident involving our vehicle, which popped out of gear while getting the mail, and the van careened into the fence, damaging it. Now, our neighbor is claiming in a counter-suit that we "intentionally and maliciously" damaged the fence, and that it is our responsibility to prove otherwise.
Is this right? I thought that the burden of proof was on the party making the claim? If not, how are we supposed to prove that it was an accident, and not intentional?
Thanks,
Michael