I've looked up some things in various places but without getting a lawyer yet have not found anything definitive. I know this isn't a typical place to ask something, but just wondering if anyone has any knowledge of or experience with this.
My band has been storing our instruments and equipment at my brother's (and bandmate's) house. We converted his basement into a rehearsal/studio space and have kept everything set up there for about 3 years -- happily and with his wife's full blessing, when things were good. Unfortunately over the past several months, he and his wife have started having problems, due to her rampant alcoholism and issues with mental illness (schizophrenia, paranoia, delusions). Long story short, this came to a head in November when she had him falsely arrested for domestic abuse — charges that are being dropped, SHE is actually now charged with filing false police reports, has had her children removed by DCS, basically a giant mess. The problem is, as long as his case is still pending and not officially dropped yet, there is a protective order that keeps him from being able to be in the house with her there. So we were not able to get into the house to get our music equipment out.
While living there alone (again, kids and dogs removed due to neglect, and placed with my mom and brother) she, for lack of less dramatic term, descended into madness. She stopped working, stopped paying bills, trashed the house, had men on Tinder buying her groceries and vodka, was calling me and everyone she knew claiming police were standing outside her house and shining flashlights in her windows, that the County prosecutor was driving in her lawn and taunting her, that her cat died when it was found to be very much alive. Just pure, off-the-deep-end psychosis and delusions. It was very sad and disturbing but she refused help. Because she wasn't paying the bills or answering the phone, she had the power shut off and was just drinking herself to death, living in filth in the cold and dark. Finally a wellness check found her near-death in her bed, with alcohol bottles piled up 2 feet high -- so far gone that she had no idea the basement had been flooding for days. No heat, no power, no sump pump in the middle of winter. So all of our music equipment was sitting down there in 4 inches of water. It's not ALL gone, but there's probably $10,000 to $15,000 worth of damage. Including to my drums, rusted stands, mics, cables, etc (probably $2,000 of MY personal property that was in her basement). She was taken to the ICU and has since been released -- but has refused to step foot in the house and has not acknowledged or admitted what happened. While she was in the hospital for a week, we were able to make trips to the house and get everything out of the water and into a storage unit. But the damage is obviously done.
So given that very dramatic situation -- her alcoholism and mental illness, but also neglect of the property -- what is her responsibility or liability for other people's personal property in her home? Her homeowner's insurance is a no-go because they deemed she neglected the property so they are not paying for flood damage in the basement. And because of her false police report that resulted in the protective order, my brother was not legally allowed to go in there and retrieve anything before this happened. Basically it's a giant f***ing mess. I've read that people DO have a reasonable responsibility for belongings in their homes, but what I can't find is if we have a path to take her to court for damages due to her neglect. I'm not going for some "take her for all she's worth" or anything, but I'm trying to figure out if I am on the hook for 2 grand to replace stuff that was damaged? Or is she? I'm sure I'll have to hire a lawyer officially (Indiana law, for reference), but right now just trying to get a feel for what my options are, if anyone happens to have any knowledge in this area.
My band has been storing our instruments and equipment at my brother's (and bandmate's) house. We converted his basement into a rehearsal/studio space and have kept everything set up there for about 3 years -- happily and with his wife's full blessing, when things were good. Unfortunately over the past several months, he and his wife have started having problems, due to her rampant alcoholism and issues with mental illness (schizophrenia, paranoia, delusions). Long story short, this came to a head in November when she had him falsely arrested for domestic abuse — charges that are being dropped, SHE is actually now charged with filing false police reports, has had her children removed by DCS, basically a giant mess. The problem is, as long as his case is still pending and not officially dropped yet, there is a protective order that keeps him from being able to be in the house with her there. So we were not able to get into the house to get our music equipment out.
While living there alone (again, kids and dogs removed due to neglect, and placed with my mom and brother) she, for lack of less dramatic term, descended into madness. She stopped working, stopped paying bills, trashed the house, had men on Tinder buying her groceries and vodka, was calling me and everyone she knew claiming police were standing outside her house and shining flashlights in her windows, that the County prosecutor was driving in her lawn and taunting her, that her cat died when it was found to be very much alive. Just pure, off-the-deep-end psychosis and delusions. It was very sad and disturbing but she refused help. Because she wasn't paying the bills or answering the phone, she had the power shut off and was just drinking herself to death, living in filth in the cold and dark. Finally a wellness check found her near-death in her bed, with alcohol bottles piled up 2 feet high -- so far gone that she had no idea the basement had been flooding for days. No heat, no power, no sump pump in the middle of winter. So all of our music equipment was sitting down there in 4 inches of water. It's not ALL gone, but there's probably $10,000 to $15,000 worth of damage. Including to my drums, rusted stands, mics, cables, etc (probably $2,000 of MY personal property that was in her basement). She was taken to the ICU and has since been released -- but has refused to step foot in the house and has not acknowledged or admitted what happened. While she was in the hospital for a week, we were able to make trips to the house and get everything out of the water and into a storage unit. But the damage is obviously done.
So given that very dramatic situation -- her alcoholism and mental illness, but also neglect of the property -- what is her responsibility or liability for other people's personal property in her home? Her homeowner's insurance is a no-go because they deemed she neglected the property so they are not paying for flood damage in the basement. And because of her false police report that resulted in the protective order, my brother was not legally allowed to go in there and retrieve anything before this happened. Basically it's a giant f***ing mess. I've read that people DO have a reasonable responsibility for belongings in their homes, but what I can't find is if we have a path to take her to court for damages due to her neglect. I'm not going for some "take her for all she's worth" or anything, but I'm trying to figure out if I am on the hook for 2 grand to replace stuff that was damaged? Or is she? I'm sure I'll have to hire a lawyer officially (Indiana law, for reference), but right now just trying to get a feel for what my options are, if anyone happens to have any knowledge in this area.
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