Legal Question in Civil Litigation in Connecticut

Contractor Damaged Spruce Tree

A mason installed new field and flagstone steps at the front door to my home over the winter. As it was cold, he tented-off the area and used a forced air kerosene heater to harden the concrete. One of two Dwarf Alberta Spruce trees on the side of the front door was heavily damaged and the one on the other side less so. Both will live, but the more heavily damaged one has about 40% of its branches brown with the needles falling off. If it recovers it will take years. The mature trees are 20 years old and have a $400-500 replacement value. I showed photographs of the trees to a knowlegeable person at a nursery and he said the heater used to dry the concrete dehyrated and killed parts of the trees. His opinion it was my fault as I should have covered the trees and that the trees were so close to the stairs what did I expect? After all he said, ''The steps look nice''. I doubt I will attempt legal action over this, but is it my fault or should the mason have told me his powerful heater could cause damage?


Asked on 4/20/04, 3:31 pm

1 Answer from Attorneys
Bonnie Lee MacDonald Law Office of Bonnie Lee MacDonald

Re: Contractor Damaged Spruce Tree

The mason is liable for any damage he caused to your property, however, you would have to prove that his negligence caused the damage to your trees. The monetary damages do not warrant a suit in superior court but you might try to take him to small claims court.

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Answered on 4/20/04, 6:31 pm


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