Recent MSBA Bar Journal Article – Current Legal Views Will Limit Many Claims for Damages in a Pesticide Drift Case

 

 

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Sprayer in a field.  Image by United Soybean Board.

I recently wrote an article for the Maryland Bar Journal focused on pesticide drift liability.  The article is focused on the issues that have existed in previous court decisions involving drift liability.  This issue continues to grow in importance for producers.

 

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After Experiencing Drift Damage, What Should You Do?

 

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Image by Greg Jordan of aerial pesticide application via flickr.com

 

Damage caused by pesticide drift has been in the news a lot over the past couple of years. With Monsanto releasing new varieties resistant to a new less volatile formula of dicamba, many states have seen an increase in reports of drift damages. At the winter agronomy meetings, I discussed what type of liability an applicator might face if a neighbor complained of drift damage, but what should you do if you suspect drift damage in your fields. An injured producer should contact the state department of agriculture to investigate, begin developing evidence of the damage, and consider working with the applicator/neighbor to settle the damage or consider hiring an attorney to pursue a lawsuit in court. Understanding how to handle drift damage can help the injured producer understand his/her rights in this situation. Continue reading