What is my recourse if my neighbor paid to have his property sprayed but my property was sprayed instead because the neighbor gave the sprayer the wrong address?
Question Details: My property was aero sprayed by mistake and now all my trees are dying. Do I have any way to get paid for damages?
Your recourse is to sue the sprayer and neighbor for negligence.
Negligence on the part of the sprayer is the failure to exercise due care (that degree of care that a reasonable sprayer would have exercised under the same or similar circumstances to prevent foreseeable harm).
Negligence on the part of the neighbor is the failure to exercise due care (that degree of care that a reasonable neighbor would have exercised under the same or similar circumstances to prevent foreseeable harm).
You would file one lawsuit naming both the sprayer and neighbor as defendants.
Your damages are the value of the trees.
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