4 Real Examples of General Liability Claims Against Landscapers

Running a landscaping business can be a considerable undertaking. It often means working on expensive properties, using heavy equipment, and dealing with unpredictable outdoor conditions. These aspects of the job you’re probably prepared for. It’s the general liability issues landscapers face you might not be thinking about.

According to Sedgwick’s 2024 liability litigation report, attorney representation for general liability bodily injury claims increased to 17.2% in 2023, up from 14.1% the previous year — a trend with ripple effects for landscaping and other industries facing more frequent legal challenges.

While many general liability claims against landscapers can involve straightforward property damage — a broken window here, a damaged irrigation system there — incidents involving people can escalate into bigger financial problems. In this article, we explore real common general liability insurance claims examples that landscapers face, share a more extreme real story of a third-party injury and multimillion-dollar lawsuit, and explain what landscapers should know about general liability insurance.

3 General Liability Claims of Landscaper Property Damage

As part of Berkshire Hathaway Specialty Insurance Company (BHSIC), Berxi shares a claims team with BHSIC. The following are three examples of property damage the BHSIC claims team faced that demonstrate why general liability insurance can be essential protection for landscaping businesses of all sizes. These claims can be straightforward to resolve but can still cost thousands of dollars.

1. When a granite countertop got clipped

A landscaper operating a stand-up mower for a California homeowners’ association learned how quickly routine maintenance can become expensive. While mowing the lawn, the landscaper struck the granite countertop on a homeowner’s outdoor kitchen area, causing significant damage to the stone surface.

The result: Approximately $10,000 in property damage. Granite countertops, especially in outdoor kitchen settings, require specialized repair or complete replacement when damaged. This claim highlights how even careful operators can cause costly damage when working near high-end outdoor living spaces.

2. When a tree fell on a shed

In another California case, a landscaper was contracted to prune trees for a multi-unit residential property that neighbored a restaurant. During the job, the landscaping crew mistakenly trimmed the restaurant’s bamboo trees, which abutted the property line. The falling bamboo also created a hole in the restaurant’s storage shed roof, damaging its outdoor patio cushions.

The result: The claim totaled approximately $10,000, driven by the cost of replacing mature bamboo trees. Add in the damaged cushions and roof repair, and a simple pruning mistake became a five-figure claim.

3. When a rock hit a window

Even a small pebble can create a big problem. A landscaper was operating a riding lawnmower when the mower hit and ejected a rock. That rock then shot up and struck a second-floor window, shattering the glass.

The result: While the property damage was clear-cut, the claim was relatively minor: $626.03 to replace the window.

A Real Example of a Multimillion-Dollar Landscaping Insurance Claim

Not all landscaping claims involve simple property damage. Sometimes a seemingly minor incident can escalate into a multimillion-dollar lawsuit, as one landscaping company discovered when a woman stepped into a divot at a NYC transit center.

The initial incident that seemed minor

In August 2016, a 25-year-old woman was walking along the grass border of a parking lot when her foot lodged into a hole. The hole had been loosely covered with grass and appeared to be where a shrub had been removed. The woman went to the emergency room and was treated and released after about an hour with a diagnosis of an ankle sprain.

The landscaping contract

A landscaping company maintained the property through a subcontract, providing services like mowing, pruning, and general maintenance. Critically, its contract did not include shrub removal — that would have required a separate work order that was ultimately never found.

Medical complications drive up the claim

What appeared to be a simple sprained ankle quickly turned more serious.

An MRI taken about a week later revealed fractures in the woman’s leg that the initial emergency room visit had missed. She underwent multiple cortisone injections and continued treatment with a variety of providers.

Then came the diagnosis that changed everything: complex regional pain syndrome (CRPS), a chronic pain condition that’s notoriously difficult to prove — or disprove. The plaintiff’s attorneys presented a life care plan totaling approximately $1.7 million for future medical needs, plus claimed lost wages of $148,000 from her catering business.

“This one seemed innocuous when it came in,” recalls Michael, a claims professional at Berkshire Hathaway Specialty Insurance. “Someone had rolled an ankle; it didn’t seem that severe. But even those can develop into claims like this one, and all of a sudden you have multiple-million-dollar demands.”

Why contract language mattered

As the case inched toward trial, the specific language in the landscaping contract became crucial. The landscaper’s agreement clearly listed its responsibilities: mowing grass, removing clippings, pruning shrubs and trees, weeding, applying fertilizer, removing leaves and debris, and replacing dead plants. Notably absent: removing shrubs.

“The contract is important to any claim, not just by what it says, but also by what it doesn’t say,” Michael explains.

While the landscaper’s team denied pulling the shrub, the property owner continuously argued the landscaper was responsible for the hole. The problem was he couldn’t produce any work order or contract amendment showing the landscaper had been asked to remove shrubs at that location. This gap in documentation ultimately helped the landscaper’s position.

The settlement

The case went to trial with the plaintiff demanding $2.2 million. The defense team had surveillance video showing the plaintiff driving and working at a restaurant counter without visible signs of impairment — powerful evidence that might have swayed a jury. But trials can be unpredictable, especially with sympathetic plaintiffs and complex medical conditions.

After the trial began, the legal teams reached a settlement. Both the landscaper’s team and the property owner contributed an undisclosed amount, avoiding the possibility of a more costly verdict.

Why Landscapers Need Experienced General Liability Coverage

These real general liability claims — from a $600 window repair to a multimillion-dollar injury lawsuit — show how quickly routine work can transform into a costly incident.

Having the right general liability insurance helps protect your business when the unexpected happens. In the NYC case, coverage through Berxi’s own Berkshire Hathaway Specialty Insurance helped the landscape business owner:

• Have flexible coverage limits ready for any size claim
• Focus on business while a legal defense and insurance claims team worked on the claim
• Hire outside expertise to assist with the defense (at no extra cost)
• Access experienced claims professionals who knew how to handle complex injury cases
• Cover mounting defense costs as the case moved toward trial
• Negotiate with multiple defendants to reach a fair settlement
• Get back to business without devastating financial loss

Berxi’s general liability insurance includes $0 deductible options and is backed by Berkshire Hathaway Specialty Insurance Company’s A++ financial strength rating. By buying direct from Berxi, landscapers can save an average of 15% compared to other insurers.

To get peace of mind for your landscaping business — whether you’re worried about breaking a window or facing a larger claim — get a quote from Berxi today.

 

Image courtesy of iStock.com/Jeremy Poland

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