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?
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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 which then 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?
Asked on May 15, 2019 under Business Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can sue the lawn care company for negligence in small claims court. 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). Your damages (monetary compensation you are seeking in your lawsuit) are the cost of repairs to your window and closet door. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
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