There are several possible legal claims that property owners may have against mole-related damage, depending on the circumstances and the parties involved.
Some of these claims include:
- Negligence: Negligence is a common cause of property damage. Negligence occurs when a person or entity fails to exercise reasonable care and causes harm to another. For example, a property owner may sue a neighbor for negligence if the neighbor’s moles invade and damage the property owner’s land. The property owner would have to prove that the neighbor owed a duty of care to prevent or control the moles, that the neighbor breached that duty by failing to take reasonable steps, that the breach caused the mole damage, and that the damage resulted in actual losses.
- Nuisance: Nuisance is another common cause of property damage. Nuisance occurs when a person or entity interferes with another’s use and enjoyment of their property. For example, a property owner may sue a mole exterminator for nuisance if the exterminator’s methods cause more harm than good, such as by creating loud noises, foul smells, or toxic chemicals. The property owner would have to prove that the exterminator’s actions were unreasonable, intentional, or negligent, that they interfered with the property owner’s rights, and that they caused substantial harm.
- Trespass: Trespass is a less common but still possible cause of property damage. Trespass occurs when a person or entity enters or remains on another’s property without permission or legal right. For example, a property owner may sue a mole trapper for trespass if the trapper enters the property owner’s land without consent and sets up traps or snares for moles. The property owner would have to prove that the trapper’s entry was unauthorized, intentional, or negligent, and that it caused damage or injury.
The amount and type of damages that a property owner can recover for mole-related damage depend on several factors, such as the extent of the damage, the value of the property, the cost of repair or replacement, and the availability of insurance coverage.
Property owners may seek compensatory damages to cover their actual losses, as well as punitive damages to punish and deter wrongful conduct in some cases. Property owners may also seek injunctive relief to stop or prevent further mole damage from occurring.
Property owners who suffer mole-related damage should act promptly to protect their legal rights and interests. They should document the evidence of the damage, such as by taking photos, videos, or measurements.
They should also notify their insurance company and file a claim if they have coverage for mole damage. They should also consult with an attorney who specializes in property damage and liability law to evaluate their options and pursue their claims against the responsible parties.