Damages caused by lawn maintenance workers

[James McAvoy]

Jurisdiction

Florida

I hired a lawn maintenance crew to take care of our lawn, no written contract.
It was agreed that he would clean out the drainage area so water would not dam up and flood my building. Time has gone by and has not cleaned out this area I have talked to him on the phone and he said he would take care of it, I texted him and explained how it needed to be cleaned out, he said I got it.
Recently, when his crew was edging by the parking lot, he did $3800.00 damage to my car from the edger kicking up stones and dirt. I witness this happening. Also, the downpipe in the back of the building was damaged. When I contacted them, they want proof that the drainage areas was part of the agreement, and also proof that they did the damage. Do I have a case and small clamp court.
Jim

 

[adjusterjack]

Do I have a case and small clamp court.

Sure.

 

[zddoodah]

Recently, when his crew was edging by the parking lot, he did $3800.00 damage to my car from the edger kicking up stones and dirt. I witness this happening. Also, the downpipe in the back of the building was damaged. When I contacted them, they want proof that the drainage areas was part of the agreement, and also proof that they did the damage. Do I have a case and small clamp court.

You can sue - and appear to have a good case - for the damage caused by the negligence of the company's employees. You can, of course, also sue for the failure to do certain work as agreed. However, if you have no evidence of the agreement to do that work other than your testimony, and if the defendant credibly testifies that it was not part of the agreement, you may have a difficult time overcoming your burden of proof.