Legal Question in Civil Litigation in Ohio
Property damage liability
I hire a company to mow my lawn. It appears that during the mow, a foriegn object was struck with the mower (stone/piece of dog bone) causing shrapnel to pierce one of my screens and break a pane of glass in a window. Approximate damage is $500.
Is the mowing company liable for the damages?
1 Answer from Attorneys
Re: Property damage liability
Just off the top of my head, it sounds like this might come down to whether the person mowing your lawn was negligent in the mowing. If he or she failed to exercise the normal care a reasonable person would have exercised in mowing the yard, then the person and lawn mowing company might be liable for negligence. If any reasonable person mowing your yard would have hit the object and broken the window, you may not be able to succeed.
Maybe more importantly though is the costs. You can sue the company to try to get your $500, but that is likely the extent you could get along with court costs. You need to weigh that against the time you would need to put into a suit (time off work for court, cost of travel to the courthouse, filing fees, need for babysitters, etc.), the fees you would likely pay to a lawyer to have one handle the case for you if you hire one, the effect a suit might have on your relationship with the mowing company, and the likelihood you would succeed in a suit.
Would it be more cost effective to just replace the window? Is your deductible low enough to justify making a homeowner's insurance claim to get the window and screen fixed?
These are all things to think about in determining whether it would make sense to try to get the company to pay for the window damage. If you have further questions or would like to schedule a time to sit down and go through your options looking at the costs and benefits, feel free to contact me.
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