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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hi we bought 4 pine trees, 5 maples, 6 pear trees 2 sycamore

Customer Question

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.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
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.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


can u give me sample letter threatening to sue them.


thanks

Expert:  Ely replied 1 year ago.
Sue,

Sure, please give me a moment...
Expert:  Ely replied 1 year ago.
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

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