Victoria resident sues after palm trees die, claiming they were ‘negligently’ planted
A recent legal action involving palm trees and the Victoria climate tried to challenge the duty of care owed to customers by businesses months after a purchase.
Barwari was seeking a refund of $4,500, the cost to buy the eight-foot palm trees from Palm Daddy and to have them planted. The company denied any liability, saying “the trees likely died from either natural causes or improper care by Mr. Barwari. also says he provided no warranties or guarantees about the trees,” says the CRT decision.“Mr. Barwari bears the burden to prove his claim. I find that to show a breach of the SGA , Mr. Barwari must show that the trees died because they were deficient or planted negligently,” reads the decision.
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