When the walls of a Gardening Company’s bamboo fence are sprayed with chemicals to prevent it from becoming a ‘carpet stain’, it can leave a “stain” on the fence.
That’s what happened to Gardening Co’s fences, and the company is suing a landscaping contractor for $150,000.
It’s not the first time a company has sued a landscaper for spraying its fencing.
In 2010, a man named Robert Wollock sued the owner of a local landscaping company for $100,000 for a chemical residue that made his fences look like “carpets”.
But the courts were more forgiving than they used to be.
The courts ruled that a homeowner could sue for any chemical residue on a lawn that had been sprayed with a product that wasn’t specifically for landscaping.
A few years later, a federal judge ruled in a case brought by a homeowner who said he sprayed his backyard with “bamboo paint” and it ruined his fence.
And in 2014, a Florida man was sued for $1.4 million after a landscaped pond in his backyard was covered in “bamboos”.
“It’s just a little bit of fun to make a joke, but it’s a bit of a slap in the face,” the homeowner told the Orlando Sentinel.
“It is an insult to our country and the flag, and to our veterans.”
The lawsuit claims that “bamboos” and “bambos” were used as “an allusion to the military’s ‘black ops’ campaign to suppress African Americans and other minorities” and that the spray “contributed to the creation of the ‘bamboozled’ condition of a fence.”
But the complaint also claims that the chemicals are “fraudulent” and claims that there are “no legitimate medical or scientific studies proving that the ‘dampers’ are safe for landscapers or any other user.”
But according to a court filing, the owner “refused to comply with the orders” of the court.
“In spite of repeated attempts, the plaintiff’s conduct continued, and his conduct was willful, malicious and unreasonable,” the complaint said.
The company claims that it has already spent more than $1 million in legal fees to resolve the matter.
The Gardening Department says the company violated its own terms of service.
“We have a strict no-trespassing policy and do not allow the spraying of any products on our property,” a spokesperson told The Washington Post.
“As a result of this violation, we have been forced to cease spraying and allow a few extra days to fix the damage.”
The complaint says the contractor used “battleship” paint and “black powder” and sprayed “bodily fluid and bodily fluids” on two fences at the company’s property in Northfield, Illinois, and on another in Chicago.
It says the paint is also on the property of another landscaping firm, which it says has also sprayed the fences.