Damage Claims — Lawn & Garden Annex
1. Service-specific Preamble
Lawn and garden work has a distinctive risk profile: high-speed rotating blades (mowers and trimmers spin at very high rpm and can fling hidden objects), buried hazards (sprinkler lines, cables, roots, toys, rocks), chemical agents (herbicide, fertiliser), and a lot of plants whose value is largely subjective.
The customer's disclosure obligation is at its highest in this category: a contractor cannot reasonably see what is under the surface of a lawn.
Before You Dig Australia (BYDA)
Australia's national underground utility referral service — Before You Dig Australia (formerly Dial Before You Dig) — applies to digging works of any depth. The Department of Infrastructure summarises the duty plainly: "If you caused the damage, you can be liable for its repair and the cost can be significant."
While routine mowing does not require a search, any garden work involving digging, edging or post installation requires the customer to provide an existing plan, or for the contractor to lodge a free enquiry before commencing.
2. Common Damage Scenarios
The following 23 scenarios capture the most common damage incidents arising from lawn and garden services. Each scenario records why damage typically occurs, the liability outcome under this policy, the customer disclosure required to support a claim, the contractor procedure expected to avoid damage, and the evidence required.
2.1 Lawn scalped
Why damage occurs: Uneven ground; mower height too low.
Liability outcome: Conditionally covered where unreasonable; uneven ground is often pre-existing.
Customer disclosure: Disclose uneven areas.
Contractor procedure: Adjust deck height; survey for dips.
Evidence required: Photo.
2.2 Mower tracks (wet)
Why damage occurs: Wet soil compaction.
Liability outcome: Excluded where the customer asked the mow despite wet conditions.
Customer disclosure: Disclose recent rain.
Contractor procedure: Refuse to mow when wet.
Evidence required: Weather record.
2.3 Burn marks from equipment
Why damage occurs: Leaking petrol; hot muffler on dry grass.
Liability outcome: Covered.
Customer disclosure: —
Contractor procedure: Maintain equipment; rest equipment off lawn.
Evidence required: Photo.
2.4 Chemical damage / herbicide overspray
Why damage occurs: Wind drift; wrong product.
Liability outcome: Covered.
Customer disclosure: —
Contractor procedure: Calm conditions; appropriate product.
Evidence required: Product log.
2.5 Grass species damage
Why damage occurs: Wrong cutting height for species.
Liability outcome: Conditionally covered — depends on disclosure of grass type.
Customer disclosure: Disclose buffalo, kikuyu, couch, etc.
Contractor procedure: Adjust for species.
Evidence required: Booking notes.
2.6 Wrong plant cut
Why damage occurs: Misidentification.
Liability outcome: Covered.
Customer disclosure: Mark or label protected plants.
Contractor procedure: Confirm with customer before cutting any plant other than lawn.
Evidence required: Photo of cut plant.
2.7 Bulb/seedling damage
Why damage occurs: Edging too close.
Liability outcome: Conditionally covered depending on visibility.
Customer disclosure: Mark protected bulbs.
Contractor procedure: Wide buffer at beds.
Evidence required: Pre-service photo.
2.8 Buried sprinkler line cut
Why damage occurs: Most common lawn claim; line not visible.
Liability outcome: Excluded where the customer did not disclose irrigation. Covered where the customer marked irrigation but the contractor still cut.
Customer disclosure: Mark irrigation routes; provide plan if available.
Contractor procedure: Survey for sprinkler heads; cautious depth at edges.
Evidence required: Customer's irrigation plan or markings.
2.9 Sprinkler head broken
Why damage occurs: Mower wheel.
Liability outcome: Conditionally covered where the head was at correct depth. Excluded where the head protruded unreasonably.
Customer disclosure: Disclose elevated heads.
Contractor procedure: Walk perimeter; mark heads.
Evidence required: Photo of head.
2.10 Drip line cut
Why damage occurs: Surface or shallow drip lines.
Liability outcome: Excluded where the customer did not mark. Covered otherwise.
Customer disclosure: Mark all drip lines.
Contractor procedure: Survey.
Evidence required: Pre-service photo.
2.11 Tap/fitting damage
Why damage occurs: Hose pulled too hard.
Liability outcome: Covered.
Customer disclosure: —
Contractor procedure: Reasonable handling.
Evidence required: Photo.
2.12 Paving damage
Why damage occurs: Mower wheel chipping edge.
Liability outcome: Conditionally covered — paving edges are wear points.
Customer disclosure: —
Contractor procedure: Avoid running mower edge along paving.
Evidence required: Photo.
2.13 Edge stone damaged
Why damage occurs: Trimmer line impact.
Liability outcome: Conditionally covered.
Customer disclosure: —
Contractor procedure: Trimmer angled away.
Evidence required: Photo.
2.14 Garden statue / bird bath knocked
Why damage occurs: Mower impact.
Liability outcome: Covered where avoidable. Excluded where obviously concealed by tall growth.
Customer disclosure: Disclose all statues, ornaments.
Contractor procedure: Visual survey before mowing.
Evidence required: Photo.
2.15 Pond equipment damaged
Why damage occurs: Trimmer in vegetation.
Liability outcome: Conditionally covered.
Customer disclosure: Disclose pond.
Contractor procedure: Manual trim near pond.
Evidence required: —
2.16 Tree pruned wrong season
Why damage occurs: Frost damage or sap loss.
Liability outcome: Conditionally covered depending on tree species.
Customer disclosure: Specify pruning season if known.
Contractor procedure: Refuse wrong-season prune of sensitive species.
Evidence required: Booking notes.
2.17 Aggressive cutting / over-pruning
Why damage occurs: Customer requested heavy cut.
Liability outcome: Excluded where the customer authorised.
Customer disclosure: —
Contractor procedure: Confirm cut extent before starting.
Evidence required: Customer approval.
2.18 Tree bark damaged by string trimmer
Why damage occurs: Trimmer line contact with bark.
Liability outcome: Covered — basic trimmer handling avoids this.
Customer disclosure: —
Contractor procedure: Hand trim around trunks; trimmer guard.
Evidence required: Photo.
2.19 Wrong species removed
Why damage occurs: Misidentification.
Liability outcome: Covered.
Customer disclosure: Label valuable specimens.
Contractor procedure: Confirm with customer before each removal.
Evidence required: Customer confirmation.
2.20 Window broken by flying object
Why damage occurs: Hidden rock; branch flicked by mower.
Liability outcome: Covered where reasonable lawn inspection would have revealed the hazard. Excluded where the hazard was concealed and the customer was on notice that the area contained debris.
Customer disclosure: Disclose any area where kids play or rocks have been thrown into lawn.
Contractor procedure: Walk lawn before mowing; orient discharge chute away from windows and cars; mulching kit where possible.
Evidence required: Pre-mow lawn walk photo.
2.21 Underground utility hit
Why damage occurs: Digging without Before You Dig Australia enquiry.
Liability outcome: Excluded where the contractor failed to obtain a BYDA plan — and the contractor may bear liability to the utility owner separately.
Customer disclosure: —
Contractor procedure: Lodge BYDA enquiry for any digging.
Evidence required: BYDA reference.
2.22 Children's toy damaged
Why damage occurs: Hidden in grass.
Liability outcome: Excluded where concealed. Covered where visible.
Customer disclosure: Clear toys before service.
Contractor procedure: Walk lawn before mowing.
Evidence required: Pre-mow photo.
2.23 Hose damaged by mower
Why damage occurs: Hose hidden in grass.
Liability outcome: Excluded where concealed.
Customer disclosure: Coil hoses before service.
Contractor procedure: Walk perimeter.
Evidence required: —
2.24 Quick-reference summary table
The following table summarises the 23 scenarios above for at-a-glance use:
| # | Scenario | Default outcome |
|---|---|---|
| 2.1 | Lawn scalped | Conditional (pre-existing uneven ground) |
| 2.2 | Mower tracks (wet) | Excluded (customer-instructed mow in wet) |
| 2.3 | Burn marks from equipment | Covered |
| 2.4 | Chemical damage / herbicide overspray | Covered |
| 2.5 | Grass species damage | Conditional (species disclosure) |
| 2.6 | Wrong plant cut | Covered |
| 2.7 | Bulb/seedling damage | Conditional (visibility) |
| 2.8 | Buried sprinkler line cut | Conditional (disclosure / marking) |
| 2.9 | Sprinkler head broken | Conditional (head depth) |
| 2.10 | Drip line cut | Conditional (marking) |
| 2.11 | Tap/fitting damage | Covered |
| 2.12 | Paving damage | Conditional (edge wear) |
| 2.13 | Edge stone damaged | Conditional |
| 2.14 | Garden statue / bird bath knocked | Conditional (visibility vs concealed by growth) |
| 2.15 | Pond equipment damaged | Conditional |
| 2.16 | Tree pruned wrong season | Conditional (species) |
| 2.17 | Aggressive cutting / over-pruning | Excluded (customer-authorised) |
| 2.18 | Tree bark damaged by string trimmer | Covered |
| 2.19 | Wrong species removed | Covered |
| 2.20 | Window broken by flying object | Conditional (lawn-walk inspection) |
| 2.21 | Underground utility hit | Excluded (no BYDA enquiry) |
| 2.22 | Children's toy damaged | Conditional (visibility) |
| 2.23 | Hose damaged by mower | Excluded (concealed) |
3. Service-specific Exclusions
In addition to the universal exclusions in the Damage Claims Master Part 5, the following are also excluded under this Annex:
- Damage caused by hitting concealed hazards on a lawn (rocks, toys, hoses, exposed roots, stumps, buried utilities) where the customer did not disclose the hazard.
- Damage to plants where the customer authorised the cut.
- Damage to sprinkler lines, drip lines and underground utilities where their location was not disclosed (the BYDA referral service is freely available to any customer with concerns).
- Damage from herbicide where the customer specified the product or where wind made application unsafe and the contractor proceeded at the customer's insistence.
4. High-Risk Items Requiring Customer Disclosure
The following are high-risk items where customer disclosure before the service is essential to preserve a claim:
- Irrigation system layout (sprinkler heads and lines);
- Recent fertiliser or herbicide application;
- Pets in the yard;
- Tall grass concealing objects;
- Recent rain;
- Specimen plants;
- Bonsai;
- Pots and ornaments;
- Ponds and water features;
- Greenhouses;
- Play areas;
- Exposed roots;
- Tree stumps;
- Rocks placed as features.
5. Contractor Procedure
The contractor performing a lawn or garden service through URGENT Pro must:
1. Lawn walk before first cut — visually inspect for rocks, toys, hoses, exposed roots, sprinkler heads.
2. Discharge orientation — chute pointed away from windows, vehicles, paths and the road; use mulching kit where windows are nearby.
3. Photo log — pre-service photo of lawn condition and known hazards.
4. Chemical safety — wind check before spray; product matched to lawn species; pH test for sensitive areas.
5. Edging caution — wide buffer near garden beds, paving and irrigation lines.
6. Claim Evidence Requirements
To support a damage claim under this Annex, the following evidence is required (in addition to the universal evidence standards in the Damage Claims Master Part 8):
- Pre-service lawn photo;
- Description of hazard if known;
- For irrigation claims — customer's irrigation plan or markings;
- For plant claims — photo of plant before service and proof of value (nursery receipt, comparable listing).
7. FAQs
7.1 The mower hit a rock and broke my window — covered?
Likely yes where the contractor failed to walk the lawn before mowing. The contractor should orient the discharge away from windows and use a mulching kit where windows are nearby.
7.2 The contractor cut my sprinkler line — covered?
Only if you disclosed the sprinkler system or its location was reasonably visible. Buried lines that the customer did not disclose are excluded.
7.3 They pruned my jacaranda in winter and it never recovered — covered?
Conditionally — if the contractor took the job knowing the species and season, they should have refused or warned. If you authorised a winter prune, the loss is shared.
7.4 The mower made tracks across my wet lawn — covered?
Only if the contractor proceeded against advice to wait; if you asked them to mow despite the wet conditions, this is excluded.