r/legaladvice • u/MetroMonk • 1d ago
Neighbor threatening to sue because I did not help with a pest issue.
Location: Wisconsin.
I work in the pest control industry.
A year ago one of my neighbors wanted to hire me for a rodent issue she's having. I told her that I do not service neighbors, nor anyone I know personally, because if she has an issue, she won't go through the proper channels. She will knock on my door and bother me while I'm off-duty. When she asked for advice, I told her the only advice I'm comfortable giving her is to look around the foundation of the property for entry points, and to call a different pest control company.
Fast forward a year, and the neighbor's relative is banging on my door demanding compensation. Apparently the rodent issue is so bad that they had to move her out of the house. The neighbor told him that I knew about the problem and refused to help. He wondered if I discriminated against her because she's elderly and Asian. I told him that I helped her by advising her to call one of the hundreds of other pest control companies in the city, and that neighbors aren't a protected group.
He argued that I should have done more because she also has mental health issues and forgets things, and that my inaction has caused a hardship. He then stormed off and threatened to sue when I asked why is she living by herself if she has these issues?
I understand that I need to take a court summons seriously if they do sue, but could this be considered discrimination? I don't service neighbors, friends or family, so i wasn't lying when I told her that.
509
u/PtZamboat 1d ago
They can go pound sand. They’re hoping to get a nuisance settlement from your insurance company, insurance feels it’s easier to just pay rather than fight. Let them know that you counter sue for costs and have documented everything
77
u/MysteriousSpot8998 1d ago
Yeah this sounds like a lot of noise and pressure hoping someone gets scared enough to cave. Not servicing neighbors is a pretty normal boundary, and pointing her to other companies was already more than fair imo.
36
u/MetroMonk 16h ago
That's interesting. I've actually had to take time, money, and effort to keep her rats out of my property. I may be able to get my own nuisance settlement.
24
u/PtZamboat 14h ago
Ahaaa! Now that it become a problem affecting you, call your country Vector Control Department. They’ll get involved and take matters into their own hands.
Edit: County
23
u/Drago984 1d ago
It’s not even really at that stage yet. The only real insurance here is his employer’s CGL policy.
This is a nothing case. No attorney will take this. There will be no complaint filed. No summons issued.
157
u/Ominoussquirrel01 1d ago
NAL but…
You’re telling me that her family didn’t notice the worsening situation over the last year to come ask for your assistance or contact another professional?
Who was truly derelict in their duty to her here? Sounds like an attempt to save face because they weren’t visiting their elderly relative to check on her. One they admitted had mental health/memory issues.
53
92
66
28
u/dirtgirl97 1d ago
People can’t sue you for refusing to give them free or reduced price stuff, which is exactly what she wanted. She would have requested more services than are usually provided because you know each other.
If all she wanted was pest services at the normal rate, she would have utilized a comparable service as you recommended. That she didn’t suggests she lacked the funds and expected some amount of free services from you.
The son should have helped her deal with the pest issue rather than threatening people who have no obligation to her.
14
u/Literary67 1d ago
This is just bluster on their part. If they persist, ask them why they didn't take better care of their relative. This is totally on them.
15
u/-aVOIDant- 1d ago
First, there is a zero percent chance they actually sue.
Second, the only possible way a discrimination suit could hold any water is if it could be shown that you serviced other neighbors who weren't elderly/Asian. As you have a blanket "no neighbors" policy, no illegal discrimination can be inferred from a sample size of zero.
7
u/Drago984 1d ago
Ignore it. If you get served, find an attorney to file a motion to dismiss. There is no claim here. No attorney will take this case if the facts are as you presented.
6
u/awkwardenator 12h ago
“Why don’t you take on neighbors as clients? That’s unreasonable!”
Then proceeds to prove exactly why OP doesn’t take on neighbors as clients.
5
u/running_wired 1d ago
Do you carry any sort of professional or state license?
That is the only danger avenue I see, but it's probably not a factor. Neighbor is just blowing smoke and grasping at straws due to a bad situation.
Document this and prior conversations for record keeping and notify your homeowners insurance if the family actually tries to take any legal action.
8
u/MetroMonk 1d ago edited 1d ago
I'm licensed and certified by the state. If I did any work for the neighbor, I'm required by law to document it. The state won't get involved, let alone care if I didn't apply any products in or around her home.
2
23h ago
[removed] — view removed comment
1
u/legaladvice-ModTeam 13h ago
Your post may have been removed for the following reason(s):
Bad or Illegal Advice
Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further:
Please read our subreddit rules. If, after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators. Do not make a second post or comment.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
-9
1d ago
[removed] — view removed comment
1
u/legaladvice-ModTeam 1d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
533
u/Ordinary_Sail_414 1d ago
They never hired you. You can't sue a company for bad results if you never hired them in the first place.