Q: Any recourse for a tree trimmer that entered my yard, cut a tree, scared my wife, left gate open while rushing away?
My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it fell, and left a lot of other debris. My wife happened to come home for lunch and was extremely startled when she looked out the back sliding door and saw a large man standing in our backyard with a chainsaw. Everything was recorded on security cameras. My wife is still scared and uncomfortable being home alone. What recourse do I have? They also damaged vinyl fence by standing on top of it while cutting neighbors tree later that same day.
A: I would suggest first getting the name of the contractor from your neighbor if you do not already have it. You can either reach out to the contractor directly or hire an attorney to do so on your behalf. Most of the time you will get more traction if an attorney is sending a demand letter on your behalf. I think you would be entitled to be recomensated for the tree in your yard they shouldn't have cut down, the damage to the spinkler and your fence. They should repair those things and a demand letter from an attorney would be a good start to get that rolling. Regarding your wife being scared, I do not think that would be compensable (others may have a different opinion) or woth pursuing. It may be worth noting in a demand letter to the contractor, but other than that, the juice would not be worth the squeeze.
A: You may be able to recover up to three times the value of the tree plus attorney fees, and property damage for the sprinkler and fence, as well as damages for trespass. You are more likely to be satisfied with the result if you have a knowledgeable and aggressive attorney representing you. Start calling around.
A: A small claims action for the damage may be appropriate. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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