If my lawn care company destroyed my entire front lawn by applying the chemicals improperly and refuses to fix what it broke, what do I do?

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If my lawn care company destroyed my entire front lawn by applying the chemicals improperly and refuses to fix what it broke, what do I do?

Asked on May 3, 2012 under Business Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the lawn care company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable lawn care company would have exercised under the same or similar circumstances to prevent foreseeable harm).

In order to prove negligence, you will need to prove duty of due care (mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.

Actual cause means but for the lawn care company applying the chemicals, would your lawn have been damaged?  If the answer is no, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening acts which would relieve the lawn care company of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking in your lawsuit for negligence against the lawn care company.  Your damages would be the cost of restoration of your lawn.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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