SA Injury from trying to prevent damage of personal property

Discussion in 'Personal Injury Law Forum' started by Marissa C, 8 November 2019.

  1. Marissa C

    Marissa C Member

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    it's been one hell of a day so I'll try to explain this as best as I can.

    4 months ago my family lost our house and a friend of ours offered to have us stay with her. We have been living in a tiny garden shed behind her house while we waited for any property to just take us on for a lease. It's been difficult to find a place big enough to accommodate the size of our family for the budget of $300 per week.

    (There is no rent agreement, we give her money when we can just to help out, I clean her house because her mental stability has caused her to start hoarding, we care for her girls and get them to school when she is unable to get out of bed.)


    During our stay we have seen the dark side of our so called friend and she has moments where she is enraged and takes it out on anyone in her way. She has apologised countless times in the passed and admits we just happen to be around to cop it. This morning we all felt it was going to be one of those days and simply hid away but I heard her own daughters talk about how hungry they were so I made everyone something to eat.....this woman started to yell at her daughters because she supposedly fell over a basketball.... I can assure you that the reason why she can't get through the hallways is because of the hoarding piles.....

    Anyways I'm just trying to wash dishes and get the hell out of the line of fire but wasn't quick enough and as usual she fires off at me and tells me to get the f**k out... She was complaining that she needed my stuff out of the garage and that she couldn't park her car because of me.... I have one tote bag of toys and a weight bench,... the rest of her clutter is her own....

    Because I just walked away towards the shed she lost her s**t and began to throw my daughters bag of toys everywhere, causing my daughter to become upset and frightened. My husband is trying to catch the toys and she starts throwing more at him. Keep in mind these are RC trucks and weights.....not fluffy teddy bears....My husband has been resting for a possible hernia and prior we both agreed if it didn't stop hurting him by the morning then we would take him into the emergency room to see what's happening....I think he really got hurt while trying to stop her from throwing our possessions.....maybe something bursted or he ripped something during the struggle .... he is on the way to ER now so hopefully it isn't life threatening.

    Police had shown up and we told them what had happened.... in the end we all agreed that staying is not an option. Even the police had commented on the hoarding status and explained she was within her right to ask us to go but she should not be throwing property. We have until the end of the weekend to go.... I'm ok with that... my question is if my husband did get injured badly from her throwing heavy and hard things at him. Do we have a case?


    She has no proof we are trespassing
    Our texts msgs back and forth prove she had knowledge of us staying in her home with her permission. She was not fending us off like we broke in..... not sure if adding that in helps?
     
  2. Marissa C

    Marissa C Member

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    Things are a real mess. Since that day she had locked us out of the house and prevented me from accessing our possessions inside. She would not let my 7 year old use the toilet. And would not let me grab the food I paid for to feed my daughter. We started to pack up the day this all went down but it wasn't until the next day the lady sent me a text saying " I want you out by 5:30 tomorrow" ok we had no problem leaving and didn't want to stay but she has contradicted her own expectations since she would not even let us get our things. She didn't arrive until it was about time for us to leave. When my partner asked her if we could grab our pets (snake and fish) as well as a cabinet that we value so much but could never move out to the back because she started to stack her things on top making it hard to get to.

    =The cabinet is unique and holds items of sentimental and value. (My daughters dads pictures before he passed away last year, my partner and i's legal papers for partnership & immigration) jewellery, my daughters awards... since it is locked up with a rare vintage strong padlock I didn't think anything would be stolen. =

    The lady refused to give us our cabinet and demanded we paid for an electricity bill. We weren't Tennents, there were no written agreements about this... she just wanted to blackmail for money. We decided to call the cops for them to help us get our possessions back.

    THe officer arrived and told us to wait around the corner and that he would signal for us to come collect. We knew something was up when he didn't signal... he drove to us and placed my partner under arrest over a warrant for a traffic violation that we thought was resolved but apparently was not. My partner complied and it dawned on me this was the same officer who came to us previously... he took our names the day before... why didn't he take my partner then? He also asked my partner to turn out his pockets before even stating why they were at the house..they also lied to us saying that the lady didn't call the cops on us and that it was somebody random driving by.... well he tried to say that since he stumbled on his lies. If that were true why go straight to the backyard? Why not knock on the front door? Fishy and doesn't seem right....

    Anyways without my partner I had to wait until I had help to get the cabinet. When we arrived I noticed that she had stacked 2 recliners on it and it was hard to get to. I also noticed that the trolley we brought had been stolen... all her crap Is all over the lawn why isn't her s**t stolen? Anyways I sadly find our cabinet broken into... she took my stuff and left the jewellery... just my most valuable possessions she knew I'd be upset about to blackmail me still... I sent her a calm respectful text in hopes that she would threaten me but she was smart and said not her responsibility what happened to our things... funny the people who stole our papers for god know what reason and decided to neatly stack recliner chairs on top <_<
     
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