Jump to content
Sign in to follow this  
MsDaniK

HELP MY GARDEN WAS DESTROYED BY A BUSINESS

Recommended Posts

I'm hoping someone can give me some insight on recouping the losses from an Arbor care company dropping branches on my families garden.

 

I have a family of six and we all work on our garden together, we grow fruits and vegetables for ourselves.  We rent our property, living in a town-home that shares yard space with the neighbors.  Three weeks ago,on July 26, the arbor care company came to cut down a tree and dropped heavy branches on our garden, as well as having driven through part of it.  They destroyed 3 yellow squash plants and 4 zucchini plants. Each plant produced about 3 vegetables a week, with each vegetable weighing around 3.5 lbs.  There should be about 6 weeks of growing from when they destroyed the garden.

 

After contacting the local organic foods store I was told that in all fairness I can't expect to receive the sale price of the vegetables, but to instead use the wholesale price that farmer's would receive.  That price is $1.50/lb for both yellow squash and zucchini.  

 

Yellow Squash: 3 plants X 3 veg/wk X 3.5lbs X 6 weeks X$1.50/lb = $283.50

 

Zucchinni: 4 plants X 3 veg/wk X 3.5lbs X 6 weeks X$1.50/lb = $378.78

 

I estimate my losses at $662.28.  However the owner of the arbor care business is only offering a $100 gift card OR $50 cash as compensation.  I was told be a police officer that I can only file a civil claim with it being on rented property.  Is there any more I can do to recover my losses? 

Share this post


Link to post
Share on other sites

"I was told be a police officer that I can only file a civil claim with it being on rented property."

Well, not sure to what law he'd be pointing to; it's more likely that he simply doesn't want to deal with it.  You're free to pester a higher-up about destruction of property.

 

"Is there any more I can do to recover my losses?"

I'd like to think you understand that you're free to sue the company that did the damage in small claims court.

Share this post


Link to post
Share on other sites

After contacting the local organic foods store I was told that in all fairness I can't expect to receive the sale price of the vegetables, but to instead use the wholesale price that farmer's would receive. 

 

Wait a minute....you sought legal advice from someone at an organic foods store???

 

 

 

I estimate my losses at $662.28.

 

On the assumption that you actually ate every vegetable that these plants produced, your damages are the cost to obtain replacements plus the costs of replanting.  Since you're not selling, I don't see why you should use the wholesale price.  According to a quick google search, the average zucchini weighs less than a pound, and the average squash weighs less than 1.5 pounds, so I think you might have a tough time convincing a judge that yours averaged 3.5 pounds (query what evidence you might have to support that claim).

 

 

 

I was told be a police officer that I can only file a civil claim with it being on rented property.

 

I'm not sure what difference it might make that you rent, but I'm also at a loss to understand what other sort of claim you think you might have.  Certainly no crime was committed.

 

 

 

Is there any more I can do to recover my losses? 

 

You can file a small claims lawsuit.  Also, if Illinois requires contractors to post bonds, you should look into making a claim against the contractor's bond.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...