It's the split hairs that matter....If I fry your green tomatoes while popping my corn, and you wanna sue me, I'd say go ahead. It has to be "substantial" damage, and your rare plant requires you to take rare precaution...not me.
I'm joking, of course! I'd take you to dinner and buy you a tomato laden salad...lol
Seriously though, taking someone to court takes more than ability, it takes money...both to prosecute, and defend. "Small Claims" only covers money issues, like repair bills or back rent unpaid. Anything else like damage to property is a whole other ballgame.
About 15 years ago, I was sued. The predatory lawyer that filed it ran seminars on "how to make money through lawsuits". In my case, it involved an auto loan that insurance had paid off after an accident. I had all the documents, BUT, the lawyer claimed they were false. They weren't, but it caused the judge to set a trial date. Now, I had spent $1200 so far "defending" myself against a false lawsuit, and the predator "offered" to settle for $3000. The predator had also claimed that I owed over $45,000 in back interest/principle (the loan was 11 years earlier a full year beyond the statute of limitations to collect). My lawyer informed me that his legal fee's for an "average" trial would run in excess of $6000. I asked...won't that lawyer have to pay ME back for my legal fee's, even damages for a false suit...how can he sue beyond the statute of limitations? My lawyer said the possibility of getting a judgment for my costs was less likely than me jumping to the moon and as far as the statute of limitations and other particulars...that was what the trial would decide. I was pissed big time, but settled, solely based on the economics of it.
By the way, that lawyer now sits in prison....he filed an average of 30 lawsuits at $115ea for filing fees, a day....most cases he won by default because people never showed up to court. People like me, that did, he knew how to screw.
