Suing someone for LOUD MUSIC?

[AirWolf]

Hi all

I recently heard on a radio news bulletin how a woman had sued her neighbour for playing excessively loud music with results in her suffering from headaches and related health problem.

All the lawyers in the forum: how would one go about getting a successful court decision in such a matter? Please be very specific and start right from the beginning

Thanks

 

[Syndyre]

That story was in Japan, or at least the one I saw was, not sure if it applies here, although it should be possible I guess.

 

[Napalm]

yeah, depends in wich country this Law-suit comes into play. USA, UK, AUZzie, Japan and CHina laws all differ.

Some country's might arrest you for pee'ing on the side of the road. Other country's will arrest you for littering. So its a tuff one that..

In SA pretty much everything goes. People go and rob houses etc.. if they are cought they get like a few weeks in prison etc..

Some people's dogs make alot of noise.. other people have problems with the neighbours playing loud music all the time..
In SA we don't really have strict laws that can punish or even identify if that person is breaking a law.

and to actually get the problem sorted out. takes years and years. I can talk from experience *i had dog issues*

 

[Gunny]

You can try here but its not cheap. The best is to talk to the niegbour and come to some agreement. After midnight you can lay a noise complaint.

 

[Napalm]

You can try and talk to them, but if they are hostile. they will propably not listen to a word u say. And they might even start playing louder or even more frequently. giving you all sorts of hell.

and basically there's not alot one can do to make them stop.

The proper method will be to get police out and ask them to stop. then afterwards go file a complaint. Then they will send them a letter telling them to behave or whatever...

If they don't stop. with the 5th complaint they might send them a fine of R200-R500 and a letter.

and basically even when it goes to the Head of Department, they will prolly just call both in. (at different times). and both basically state your case.

As i sayd this is something that will happen over a year or maybe 3 :> It doesn't happen quick. and in the meantime that person basically makes yur life hell

 

[AirWolf]

You can try and talk to them, but if they are hostile. they will propably not listen to a word u say. And they might even start playing louder or even more frequently. giving you all sorts of hell.

and basically there's not alot one can do to make them stop.

The proper method will be to get police out and ask them to stop. then afterwards go file a complaint. Then they will send them a letter telling them to behave or whatever...

If they don't stop. with the 5th complaint they might send them a fine of R200-R500 and a letter.

and basically even when it goes to the Head of Department, they will prolly just call both in. (at different times). and both basically state your case.

As i sayd this is something that will happen over a year or maybe 3 :> It doesn't happen quick. and in the meantime that person basically makes yur life hell

I was hoping for something a lot quicker

 

[AirWolf]

So you have to start with a criminal case first? What about a civil case?

 

[Syndyre]

So you have to start with a criminal case first? What about a civil case?

Sure a good lawyer could come up with some civil grounds, won't be cheap though.

 

[AirWolf]

Sure a good lawyer could come up with some civil grounds, won't be cheap though.

So either way you still end up getting screwed

 

[Syndyre]

Pretty much. Unless, hypothetically, a certain anonymous person just happened to witness a lot of strange, possibly illegal happenings at that noisy house...

 

[AirWolf]

Pretty much. Unless, hypothetically, a certain anonymous person just happened to witness a lot of strange, possibly illegal happenings at that noisy house...

hypothetically

 

[Highflyer_GP]

I don't get it - why make inconsiderate idiots feel important by spending your cash to pay for a legal case?

Why don't people just get even?

Mow the lawn at 6:30am when they're still asleep. Do 'repairs' to your car at 7am (not actual repairs, but an excuse to rev it every 2 minutes. Freeflow exhausts would come in handy ). Or you could renovate anything that needs renovating, again early in the morning.

etc.

 

[jontyB]

Hf_GP is right - just try and give some discomfort back

 

[RompelStompel]

Please correct me if I'm wrong , but isn't this kind of issue governed by municipal bylaws ?

Does the SAPS still respond to this kind of complaint ?

 

[jontyB]

Please correct me if I'm wrong , but isn't this kind of issue governed by municipal bylaws ?

Does the SAPS still respond to this kind of complaint ?

We do if the time and resources allow for it.

 

[RompelStompel]

We do if the time and resources allow for it.

Thanks

 

[AirWolf]

Hf_GP is right - just try and give some discomfort back

But at the end of the day that's not really going to solve the problem

 

[jontyB]

But at the end of the day that's not really going to solve the problem

Are the other neighbours also pissed? If so, get them involved. Trying to sue them on civil grounds will be very difficult. a) You will need to spend big money on a good and willing attorney. b) You will need to decide on what grounds you're suing, and what sort of damages you're looking at.

If you're going on a "bad for my health due to lack of sleep", it will be very difficult to prove and win such a case on the grounds of SA law. Few medical doctors will substantiate your case on these grounds alone, especially if this is not happening every single night. Lack of income, maybe, if you can prove it caused you to be sacked from your job due to lack of performance as a direct result of the elevated noise levels at these late hours. If this is happening only on weekends, for example, then the latter grounds falls away. In short, it will take a creative and brave soul to take on such a case and you will not really be a favourite to win.

The worst part of pursuing such action, however, is that it may cause a rift in your immediate neighbourhood - and it sucks to be in the middle of something like that.

You don't stand any chance trying to pursue a criminal case here - criminal cases will cost you a lot of money and there will be endless postponements.

 

[Bageloo]

But at the end of the day that's not really going to solve the problem

But at least the neighbour will get some sleepless nights as well.

 

[Pitbull]

Hi all

I recently heard on a radio news bulletin how a woman had sued her neighbour for playing excessively loud music with results in her suffering from headaches and related health problem.

All the lawyers in the forum: how would one go about getting a successful court decision in such a matter? Please be very specific and start right from the beginning

Thanks

I would assume they'r about My age....

To really P them off... Play some Dolly Parton.... Klipwerf or something really load.... That will stop them dead in their tracks...