Is it possible to sue a lawncare company for not providing me with a nice lawn?

Question

My lawn looks terrible with brown patches all over. During this past season they have been out here applying what they say is best for the lawn. Finally I called them and told then that the lawn looks terrible. They told me it has what they call leaf patch. A month or two later I called again because it got worse. They then told me it was because my lawn has chinch bugs. My whole point to them was this: If I pay a company for lawn service, I expect to have good results. If along the way, they see theres a bug problem, why didnt they take care of it to avoid further distress? I use this example. You go to a dentist for a cleaning, he does what is routine and nothing more. You then tell him you have a toothache. He now tells you, that you have cavities. Well, a professional would clearly tell you what they found other than the routine visit. So the same applies here.They came out and sprayed but never saw the problem. I feel I should have a whole new lawn from them now. what do you think

Answer 1

Need more information. Is this just lawn care as in grass cutting and trimming. Some lawn care companies are just that. However, if they are professionals and are trained and offer full service and didn't provide that for you then you might stand a chance in court. The latter usually charge more for lawn services.

Answer 2

What is your contract with your lawn care service?

I use a service and I am contracted for 11 treatments a year for certain things - if a problem not related to those things crops up then I would have to contact my lawn care service have them come out and work out a contract to treat the new problems.

The first year I had them my lawn looked terrible - but it was because there was alot that was wrong with my lawn that wasn't apparent (broadleaf issues and bugs) when these problems were taken care of the lawn did die in certain areas. I talked to he lawn service and had them advise me on the next step (not their responsibilty to come to me - I went to them) and now my lawn is gorgeous.

It's a two way street - and you need to be in touch with the people who work for you and are experts in that field to help you along - again YOUR responsibility NOT theirs. They are only obligated to apply the treatments you paid for - nothing more.

Answer 3

Did you check their references? Did you sign some sort of a contract that bound you to only use their lawn care service? You sat for months while they did unsatisfactory work. There was nothing stopping you from calling a different service...that's negligence on your part.

Personally, I don't think you can sue. If you can legally, you shouldn't morally. Call them, demand they fix it for free. But it sounds like it would be a waste of court time to actually sue...

Answer 4

The problem is, the lawncare company would be accused of failing to warn you about a bug problem. Failure to warn you about an upcoming problem is not negligence. They can't be sued for that.

They would have to knowingly cause harm to your property. That's very different from failure to warn you about something else that might harm your property.

Just as a dentist can't be sued because he's just seen you and you go on vacation and develop an excruciatingly painful abscess.

It bites, as it were, but it's not negligence.

Answer 5

Unless you got a guarantee in writing, there is little you can do. Terminate their service and hire another company. Tell them exactly what you expect. They should apply fertilizers that control insects as a part of their contract. Know what they will do for you in advance and get it in writing.

Answer 6

Take pictures! Get notatized statements about the appearance of your lawn from any neighbors that will cooperate. Get all your receipts together and head for small claims court. You definitely have a case.