Legal Question in Mediation in Indiana

bought my house a year ago. The driveway was an awful mess so I got it paved last September and it looked beautiful until a tree trimmer spilled oil and strung oil in multiple places from the chain saw. He said the whole tree needed to come down but actually I just wanted the dead cut out. He knew I was upset about the oil but shrugged it off. Then he came back a week later with a backhoe to get the remaining logs and spilled a good quart puddle of oil. With speaking to the paver guy and much research online I found that oil alters the chemical of the asphalt binder causing it to crumble quickly which is 100% sure. Not to mention my pretty driveway now looks awful. The driveway cost me $10000, the tree guy cost $650.00. my question is should I take him to small claims court now or should I wait till it is crumbled and would it then be too late to sue him? I don't know what the limitation is.

Asked on 7/16/21, 7:01 pm

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

You can sue the tree trimmer in small claims court for the cost of the repair——for which you’ll need to get an estimate. You can sue later for further damages if they appear and if they are within the limitation of actions. It’s usually six years for damage to property.

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Answered on 7/17/21, 5:53 pm

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