Legal Question in Civil Litigation in Florida

lawn care co neglect

My lawn care company has neglected my lawn to a point where it needs to be replaced. Are they responsible for paying for a new lawn?


Asked on 11/10/07, 4:37 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: lawn care co neglect

Check your contract. Probably not. Most have a specific exclusion for this.

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Answered on 11/11/07, 7:30 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: lawn care co neglect

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Probably not but it would depend upon your agreement. If your lawn care company is like most in South Florida, they are small operations and probably operate without any written agreement with you. Their employment is basically from week to week and can be cancelled at any time without notice. If your lawn was getting bad, it would not happen overnight and you should have seen its condition each day when you returned home. While the lawn care company might have been able to do something to alleviate the situation, they generally don't do anything without the request and further payment by the homeowner.

Unless you can prove that the lawn care company did something that caused your lawn to do and that it was not simply an act of nature or the water shortage and rationing, then you will probably be responsible for your own loss.

Scott R. Jay, Esq.

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Answered on 11/10/07, 5:00 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: lawn care co neglect

If it can be shown that their negligence led to the need for a new lawn, then yes. You should try to negotiate with them and perhaps consult with a lawyer. If you would like to call my office, please do so.

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Answered on 11/11/07, 9:01 am


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