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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