CITY LIABLE? Broken lawnmower due to a tree stump...

[MAZDA Kitten]

:bangJust inquiring for some feedback

My bf had the city plant trees on his lot which is a common thing. The tree didnt survive and the city cut the young tree and left a tree stump on the property. Now the scenerio is that they mowed the lawn and rode over the tree stump with the lawmower causing it to break. They got a quote for $450 to fix this lawnmower

Now...
Here is the other part of it.
*AFTER* the lawn mower was broken they took it upon themselves to remove the tree stump which obviously got rid of "evidence"

So how far can they take this thing?
Any feedback? :bang

[MattC]

What kind of lawn mower were you using that would cost 450$ to fix?

was it self propelled or a sit-down mower or something?

most gas push mowers cost nothing to replace parts on.

That said, I think any time you go after the city for compensation you really need to weigh your cost/benefits. Win or lose it will be really drawn out, and cost you alot of time and anguish.

Depending on how pissed you are you need to make that decision, I would say take it to another repair shop, or see if someone in your area (non business) could fix it.

I have replaced almost every part of my old mower as a result of wear and tear, and all together its cost me aboue 75$

[MAZDA Kitten]

Well thats a whole different thing all together! I thought $450 was pretty steep too considering you can buy a decent lawnmower for just over $200 or whatever.

[MattC]

My brand new mower was 220$ from crap tire a few years back, so unless you have a self propelled, or sit-down mower that cost originally around 600$ thats stupid, just a repair guy who is figuring you will just bend over and grab your ankles, cause you dont understand what happened.

I would suggest not going against the city unless you are ready for a battle.

[Cardinal Fang]

So how far can they take this thing?
Any feedback? :bang

*Places fuzzy feathered lawyers cap on*

If the City through their own negligence left behind material on YOUR property that caused damage then they are responsible. The issue is whether or not your boyfriend took "reasonable care" to avoid the stump.

The City will and could argue that he knew the stump was there so why did he not avoid it until such time as the City removed it? By cutting near the stump he may have shown he did not take "reasonable care" and therefore is responsible for the damage.

*Walks off*

[MAZDA Kitten]

wow.... good advice guys thanks

[Wild Weasel]

If the city accepts liability, then their insurance will pay the claim and there will be no battle.

That said... I gotta say... I wouldn't expect them to accept liability for that. If he knew it was there, and it sounds like there's every reason to believe he did, then he simply shouldn't have run it over with the lawnmower.

[Skarbro]

If the city accepts liability, then their insurance will pay the claim and there will be no battle.

That said... I gotta say... I wouldn't expect them to accept liability for that. If he knew it was there, and it sounds like there's every reason to believe he did, then he simply shouldn't have run it over with the lawnmower.
Hmmm... I'm pretty sure that most municipalities are self-insured.

[Broli]

tell him to clog a toilet in city hall and call it a day . . .
lol

good luck if you fight it!

[MAZDA Kitten]

LMAOOOOOOOOOO best advice yet ^^^
thanks dudes