Landscaping company torches €35K hedge with a flame thrower mishap
A landscaping company has been held liable for accidentally destroying a 30-metre thuja hedge after an employee used a flame thrower to clear weeds. The fire spread uncontrollably, leaving only a small section of the hedge intact. The homeowner later pursued legal action to recover the costs of restoring the damaged greenery.
The incident occurred when a worker from the landscaping service ignited weeds with a flame thrower near the property boundary. The flames quickly spread, devastating most of the 4-metre-tall hedge that ran alongside a garage driveway. Though a small northern section survived, the rest suffered severe heat damage.
The homeowner hired a private expert to assess the financial loss. The expert proposed two solutions: planting around 80 small shrubs to restore the hedge's function at a net cost of €35,672.37, or fully replanting 98 thujas to match the original height, which would cost €130,058.60. The defendant's insurer initially settled the claim based on the first estimate, paying €35,672.37. However, the plaintiff demanded an additional €94,386.23, arguing for full restoration. Both the Regional Court and the Higher Regional Court rejected this request, upholding the original settlement.
The courts ruled that the insurer's payment covered the necessary restoration work. The homeowner's claim for further compensation was dismissed, leaving the settlement at €35,672.37. No additional costs were awarded for returning the hedge to its original state.
