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Lawn care damaged Property and won't Pay

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Jasine G.

New member
Do I have a valid case for small claims court to get a lawn care company to reimburse me for the damages they caused to my property?
My lawn care person ran over a rock that shot through my office window, breaking it and it also damaged my closet door. She left a voicemail on my phone lying saying that the window was broken upon their arrival. I confronted them about and the boss told me that he would have someone out to repair it. This never happened and now they are ignoring my calls and texts. I have video footage of the accident from the time they arrived showing my window intact up to the breaking of the window, until them leaving. Had I been in the office at the time, I could have been seriously hurt. Do I have a valid case for small claims court to get them to reimburse me for the damages they caused to my property?
 


LdiJ

Senior Member
Do I have a valid case for small claims court to get a lawn care company to reimburse me for the damages they caused to my property?
My lawn care person ran over a rock that shot through my office window, breaking it and it also damaged my closet door. She left a voicemail on my phone lying saying that the window was broken upon their arrival. I confronted them about and the boss told me that he would have someone out to repair it. This never happened and now they are ignoring my calls and texts. I have video footage of the accident from the time they arrived showing my window intact up to the breaking of the window, until them leaving. Had I been in the office at the time, I could have been seriously hurt. Do I have a valid case for small claims court to get them to reimburse me for the damages they caused to my property?
If there is a rock in the yard and a mower hits it, its going to throw it. Unless the rock was big enough to be glaringly obvious, I don't see how you can blame the person mowing the yard for the damage. Its just a freak accident.
 

quincy

Senior Member
If there is a rock in the yard and a mower hits it, its going to throw it. Unless the rock was big enough to be glaringly obvious, I don't see how you can blame the person mowing the yard for the damage. Its just a freak accident.
Uh, not true.
 

LdiJ

Senior Member
Uh, not true.
How is that "not true". Are you trying to say that its not a freak accident? If so, why not? Do you feel that someone can control whether or not they hit an unseen rock with a mower and then control where the stone goes when its thrown? That would take some pretty awesome super powers.
 

quincy

Senior Member
I will wait for the state name to expand but there is a responsible party even with "freak accidents." No one intends to cause property damage (unless they are a vandal).
 

Jasine G.

New member
If there is a rock in the yard and a mower hits it, its going to throw it. Unless the rock was big enough to be glaringly obvious, I don't see how you can blame the person mowing the yard for the damage. Its just a freak accident.
The rock is half the size of my hand. No joke if i would have been siting at my desk at the time it proba
If there is a rock in the yard and a mower hits it, its going to throw it. Unless the rock was big enough to be glaringly obvious, I don't see how you can blame the person mowing the yard for the damage. Its just a freak accident.
The rock was about the size of my hand. If I was sitting at my desk at the time, it probably would have hit me in the head rendering me unconscious
 

xylene

Senior Member
A risk of thrown rocks is one openly known, notorious one with rotary mowing equipment.

The op would need to need to establish negligent operation of the mower, like operating it over gravel or patchy grass with visible gravel or or negligent application of landscaping rocks that they set down

If I was sitting at my desk at the time, i
Even if the lawn care company is liable, they are not liable for hypothtical damages, or what might have happened.
 

LdiJ

Senior Member
I will wait for the state name to expand but there is a responsible party even with "freak accidents." No one intends to cause property damage (unless they are a vandal).
However in all states there has to be a component of negligence.
 

LdiJ

Senior Member
The rock is half the size of my hand. No joke if i would have been siting at my desk at the time it proba

The rock was about the size of my hand. If I was sitting at my desk at the time, it probably would have hit me in the head rendering me unconscious
Ok, then that IS a freak accident because I don't know how a mower could toss a rock that large, high enough to go through a window. Even a larger commercial mower would be unlikely to toss a rock that large, that high. Turn the damage over to your homeowners insurance company and let them decide whether or not to go after the lawn care company.
 

Jasine G.

New member
A risk of thrown rocks is one openly known, notorious one with rotary mowing equipment.

The op would need to need to establish negligent operation of the mower, like operating it over gravel or patchy grass with visible gravel or or negligent application of landscaping rocks that they set down



Even if the lawn care company is liable, they are not liable for hypothtical damages, or what might have happened.
What is hypothetical about them running over a rock the size of my hand. Me confronting them about. The owner telling he broke someone glass door and had to get that fixed last week because of the same thing. Him telling me he was going to send someone out to fix it. And I have the incident on video after they lied and said the window was broke before they started mowing.
 

LdiJ

Senior Member
What is hypothetical about them running over a rock the size of my hand. Me confronting them about. The owner telling he broke someone glass door and had to get that fixed last week because of the same thing. Him telling me he was going to send someone out to fix it. And I have the incident on video after they lied and said the window was broke before they started mowing.
What could have happened (you getting hurt) is a moot point because you did NOT get hurt. The only thing that is relevant is the property damage and even then, only if you can demonstrate negligence on the part of the operator of the mower. Yes, he did say that he would have someone fix it, but if he talked to his insurance company or his attorney they might have told him that he was not liable.
 
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