Legal Question in Civil Litigation in Florida

My neighbor hired 2 men to cut down her tree after they came to her door asking for work. In the process, they dropped 2 large branches on my fence, and tore a hole through the chainlink. They insisted they would return the next day to fix the damage. (Since it was "the fourth fence this week" that they had damaged, they had the supplies at home.) They have not returned, and and when I call, they hang up on me. My neighbor says it's not her responsibility, paid them in full. And has refused to even so much as call and talk to them. The sheriff told me that a police check showed the guy as being on house arrest, and violated his parol by going to her house to cut down the tree, and is trying to convince the guy to get the damage fixed under threat of going to jail if I file a complaint against him. What really makes me mad is that my neighbor has been a friend for 20 years, and refuses to even make a phone call, let alone pay for damages.

What legal responsibility does she have in this matter?


Asked on 10/18/09, 9:15 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I believe you can sue your neighbor for the costs to repair your fence because s/he is responsible for the actions of her agent. You should not feel bad about suing a friend/neighbor, either, because she is acting very unfriendly and unneighborly by taking no responsibility for the matter. The neighbor can then sue the tree trimmer to recover what she must pay you to fix your fence.

Sue in small claims court in your county, and you will not need an attorney. See the Clerk of Court website for your county for info on the monetary limit you can claim, forms, and instructions.

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Answered on 10/18/09, 10:48 am


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