Landscaping is a hands-on business, and with heavy equipment, hazardous chemicals, and complex projects, mistakes can happen. A single lawsuit — whether from property damage, an injury, or legal costs — can put your business at serious financial risk. But knowing what to expect and having the right landscaping insurance can keep you covered.
What Are Potential Lawsuits Landscaping Businesses Face?
Lawsuits in landscaping are all too common. Here are some real-world claim scenarios showing the types of lawsuits that stem from typical landscaping risks:
- Property damage: Rocks kicked up by a mower or edger crack a client’s window, vehicle windshield, or school bus window
- Equipment damage: A mower axle breaks mid-job or a Craftsman 3.5HP edger gets hit by a car, bending its blade guard and tracking wheel
- Slip-and-falls: A client or homeowner association (HOA) representative steps onto your job site and trips on uneven pavers
- Pesticide or herbicide misuse: A strong chemical drifts onto a neighbor’s prized garden, causing damage or making someone sick
- Vehicle damage: A landscaping crew accidentally scratches a customer’s car while trimming bushes or a wet lawn, causing a zero-turn mower to slide into a fence or vehicle
- Client injury on a job site: A landscaper forgot to put a caution sign, and a third party got injured
What Happens When You’re Sued?
The moment you receive legal notice, time is of the essence. Being familiar with the process can help you respond quickly and protect your business from serious financial loss.
- You receive a legal notice: You’re notified that a client or some other third party filed a lawsuit naming your landscaping business. Ignoring it is not an option!
- You consult an attorney: A lawyer helps assess your options, whether it’s fighting the claim or settling.
- You notify your insurance provider: Your insurance company should also be informed right away — do this by filing a claim.
- The insurer reviews your case: A representative of the insurance company (usually called an insurance adjustor) reviews your case and determines if your policy covers the lawsuit.
- You face a settlement or trial: Some cases settle out of court; others proceed to trial, where legal fees and potential damages add up quickly.
- You pay legal fees or compensation: If you lose or settle, you may have to pay for damages and/or legal costs.
Your insurance adjustor may ask for more information while reviewing your case. Be sure to respond quickly and provide documentation, photographs, interviews, witness contact information — anything that can help get your case to a positive outcome for your business.
What Types of Insurance Do Landscapers Need?
Without insurance, even just a single lawsuit could drain your finances. Having the right insurance means your legal costs and damages can be covered, so you don’t have to carry the burden all by yourself.
- General liability insurance
Protects your business from third-party claims of property damage, bodily injury, or personal injury. One of the most common landscaping accidents? A rock flung by a mower or trimmer cracking a window, denting a car, or even injuring someone. This policy can cover legal fees, medical bills, and settlements.
- Workers compensation
Covers medical expenses, rehabilitation costs, and lost wages if an employee is injured on the job. If a crew member gets hurt while using heavy machinery, this insurance ensures they get the necessary care without putting your business at risk of a lawsuit.
- Tools & equipment insurance (aka inland marine)
Covers the cost of repairing or replacing essential tools and equipment due to theft or damage. If someone steals your commercial mower or your leaf blower gets destroyed in an accident, this coverage helps you replace them quickly.
- Commercial auto insurance
Protects vehicles used for business purposes, covering accidents, vehicle damage, and liability if you or an employee cause an accident while driving a company truck. (Standard personal auto insurance usually won’t cover business-related accidents.)
- Cyber liability insurance
Covers financial losses and legal costs related to data breaches, cyberattacks, or accidental exposure of sensitive client information. If a hacker steals customer payment details from your online invoicing system, this policy helps cover response costs and potential legal claims.
- Additional insureds
Extends your policy to cover clients, landlords, or business partners who could be named in a lawsuit from a claim arising out of your business operations. Many HOAs, commercial clients, property managers, and government contracts won’t work with you unless you add them as an additional insured.
- Landscaping bonds
Employee dishonesty puts your business and reputation at risk. A landscaping bond can protect against employee theft, including stolen tools, materials, or client property. Many clients, especially commercial and government contracts, require landscaping businesses to carry bonds for added trust and accountability.
What Should You Do After a Lawsuit Ends?
Whether you win or lose a lawsuit, take it as a learning opportunity to protect your business from future legal trouble. A single claim can expose weaknesses in your operations, contracts, or insurance coverage.
- Strengthen contracts
Clearly outline responsibilities, payment terms, and liability waivers to protect against future claims. If unclear language led to the lawsuit, consult a legal professional to tighten your contracts. Consider adding clauses that protect against disputes over delays, property damage, or unforeseen issues.
- Improve training
Many lawsuits stem from avoidable mistakes. Provide safety and operational training for your crew, require proper use of protective gear, and implement strict job site protocols. Make sure employees document their work with photos and detailed notes — this can serve as valuable evidence if a dispute arises.
- Adjust and update your coverage
A lawsuit could expose gaps in your insurance. If your claim was denied or your policy didn’t fully cover legal costs, it’s time to reassess your coverage. Work with an insurance provider to ensure you have the right policies in place for your specific risks.
Can You Prevent Lawsuits in the First Place?
While some legal disputes are unavoidable, many stem from preventable issues. Taking proactive steps now can significantly reduce your risk of legal trouble.
Review what went wrong
After a lawsuit, assess what led to the claim. Was it a safety issue? Improper procedures? Identify patterns in past complaints or near-miss incidents and implement corrective measures.
Update your business practices
If your lawsuit revealed operational weaknesses, make improvements. This could include enhancing employee training, customer communication, or quality control measures. The goal is to eliminate the root causes of disputes before they escalate into legal battles.
Adjust your insurance coverage
Lawsuits can be expensive, but the right insurance coverage can prevent financial devastation. Regularly review your policies to ensure they match the scale of your business and the risks you face.
If your landscaping business has grown, expanded services, or taken on larger clients, make sure your coverage reflects those changes.
FAQs About Landscaping Lawsuits
What if my employee caused the issue that led to the lawsuit?
As the business owner, you’re legally responsible for your employees’ actions while they’re on the job. If an employee damages client property, causes an injury, or makes some other costly mistake, the lawsuit will likely be directed at your company, not just the individual worker.
What happens if my claim is denied?
A denied insurance claim can be frustrating, but it doesn’t always mean you’re out of options. The first step is to see why the claim was rejected. Insurance providers may deny claims due to policy exclusions, insufficient documentation, or lapses in coverage, for example.
If you believe the denial was incorrect, you can appeal the decision by providing additional evidence like photos, contracts, or witness statements. Speak with your insurance company to clarify coverage details and explore possible solutions.
How do I know if I have enough insurance coverage?
To determine if you have enough coverage, assess your business size, services, and potential risks. Expanding your operations, taking on larger projects, or offering high-risk services like tree removal may require higher coverage limits.
Since landscaping businesses commonly face claims for property damage, slip-and-falls, or equipment theft, your policies should protect against these risks. Reviewing contract requirements from commercial clients, HOAs, or municipalities can also help prevent coverage gaps.
Can a client sue me for a landscaping project that didn’t meet their expectations?
Yes, clients can sue for breach of contract or unsatisfactory work if they believe the project wasn’t completed as promised. Professional liability insurance, clear contracts, detailed project plans, and documented approvals can help prevent disputes.
What if a subcontractor I hired caused the issue?
If a subcontractor makes a mistake that leads to a lawsuit, you could still be held liable, especially if they were working under your business name. Make sure all subcontractors carry their own insurance and include indemnification clauses in contracts to protect your company.
We’ve Got Your Landscaping Business Covered!
Lawsuits are a real risk in the landscaping industry, but the right insurance gives you the protection you need. Don’t wait until a legal issue arises — get covered today to keep your business safe and thriving!
