Featured News 2012 Poisonous Plant Lawsuits

Poisonous Plant Lawsuits

If you have young children, curious pets, or mentally incompetent loved ones, you do not want them exposed to poisonous plants and flowers that could eventually lead to their death. Small children and pets often like to put things in their mouths out of curiosity and may even try to eat any berries or curious leaves that fall into the yard. If these are poisonous, it could mean a serious operation, intense medical treatments, or worse of all, death. If your neighbors have a poisonous plant on their property and it does not affect you unless you cross into their property line, then chances are that you can’t do much about it. Yet if it is a border plant, you may be able to take action. For example, if a couple has poison ivy that hedges the divide between your property and theirs, and they won’t remove the plant, then you can take action.

Take action does not mean head to the property line border and pull out the plant by the roots. This is inconsiderate of your neighbor’s property and they can seek a lawsuit against you if you act in an insensitive way like this. You will first want to talk to your neighbor about your concerns regarding the plants. Explain that you are worried that your dog will bite the poison berries that droop off the fence, or that your child will trample through the poison ivy that lines the grass. In some cases, parents might not even know that a plant on their property is poisonous and be thankful for the information. If a plant is bothersome to you but it is movable, then you may be able to ask your neighbor to put it on the other side of the yard. If your neighbors are unwilling to remove a plant that s dangerous, then you will want to contact your local health department. Express your concerns about the plant and describe why you are worried that it may post a health hazard.

If the neighbors continue to be stubborn, you may be able to file a neighbor nuisance lawsuit. These lawsuits govern litigation regarding any sort of interference that can keep you from enjoying your property to the fullest measure necessary. A plant that gives you a skin irritation or tampers with your health is certainly considered one of these nuisances. Even if you are filing a nuisance suit, you don’t have the right to damage your neighbor’s property in the meantime. Instead, you will need to be patient and keep your children, pets, and self away from the plants. Ripping up any of the foliage is considered property damage and your neighbors can then sue you just as you are suing them. Getting entangled in another legal mess on top of your current suit can end up being extremely messy, so it’s best to wait the lawsuit out.

Whenever you are dealing with a poisonous plants lawsuit, you should get a real estate attorney involved in the litigation. There are often lots of technicalities in these lawsuits involving property lines and what kind of plants are involved. If someone has already been injured because of the trees or plants, then you will want detailed medical records regarding the incident. You will want to confirm whether you are the only neighbor affected by this issue or if others have complained about it as well. The more details you have the better. Contact a real estate attorney today for more information about poisonous plant lawsuits and how to get the compensation you want or the actions you are requesting.

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