How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101063
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

hi we bought 4 pine trees, 5 maples, 6 pear trees 2 sycamore

This answer was rated:

hi we bought 4 pine trees, 5 maples, 6 pear trees 2 sycamore from well known landscaping company and spend almost $2500 they planted those trees for us in 2009. our all pines died. we consulted Arborist he told us the way those trees were planted was wrong. because the nylon rope that hold the root ball was not taken out when they were planted. tree trunk overgrew and that choked the trees that is why all pine died and other trees not doing well either they will die soon. what we should do.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I ma very sorry for your situation. At this point, you may make a demand to get your money OR another set of the trees back since their negligence, arguably, caused the death of the trees. If they refuse, you can sue them in small claims court (see here) for negligence.

"It is rudimentary that in order to establish actionable negligence, one must show the existence of a duty, a breach of the duty, and an injury resulting proximately therefrom." Jeffers v. Olexo,XXXXX 3d 140 - Ohio: Supreme Court 1989 (internal citations omitted).

As such, their negligence in planting the trees lead to the trees dying and as such, they are responsible. Often, a letter threatening to sue will do the trick even without litigation, because they will want to avoid going to Court. Let me know if you need a sample letter in this regard.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and 6 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


can u give me sample letter threatening to sue them.


thanks

Sue,

Sure, please give me a moment...
This is just a sample, keep in mind.

To Whom It May Concern:

This is in regards to the purchase of [] which your business supplied and then planted for us.

By [], all tress have died. When discussing whit with an expert arborist, whose affidavit you will find attached, it has been noticed that the reason for the tress not surviving was due to the way that there were planted, which was negligent and outside the expected norm.

At this point, I am holding you responsible for the death of these trees, and as such am requesting either a refund of $___ paid for them, or provision of the same trees, replanted (this time properly). If either of these requests are not met by (date), I may have no choice but to sue in court for negligence.

"It is rudimentary that in order to establish actionable negligence, one must show the existence of a duty, a breach of the duty, and an injury resulting proximately therefrom." Jeffers v. Olexo, 43 Ohio St. 3d 140 - Ohio: Supreme Court 1989 (internal citations omitted).

You may contact me at any time at ____ to discuss the matter.

Sincerely,

Signature

Name

Related Legal Questions