If You are Sprayed with Pesticides

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If the sprayer doesn't settle quickly, and if the cost of damages falls within the appropriate financial limitations, consider filing for redress in small-claims court to avoid costly lawyer and consultant fees. In that event, you won't need an attorney or witnesses, but it would still be best to document your case carefully in the manner described in this article. 

Should you feel you do have to hire an attorney, try to find one who is familiar with pesticide laws. You may also need extra documentation to show [1] that the damage was caused by the applicator's use of a pesticide and [2J the extent of the damage. 

The forms and photos that I've recommended, along with the report prepared by your state enforcement agency (if it responded promptly), should be enough to prove the violation in most states. However, you might also want to look into a valuable reference in this regard. . . which is an annotation to a decision in the North Dakota Supreme Court, Christensen v. Midstate Aerial Applicators Corp., "Liability for Injury Caused by Spraying or Dusting of Crops"; 37 ALR 3d 833. (You should be able to find this document in a local law library.) 

The following hints may help you establish the dollar amount of any harm done to your property. 

Damaged shade trees and ornamentals:

Inventory the trees in the spring following the spraying. Then for each one lost or injured, list the condition, height, diameter, and age. Your county agent or extension forester should be able to give a damage estimate based upon that information. (There are also consultants who will testi fy in court concerning the value of trees, but they tend to charge high fees.) 

Bee kills: Your state apiary inspector can estimate the hives' percentage of beer killed. (See the section entitled "If You Have Bees" for information about protecting your honeymakers.) 

Crop damage: Estimate the loss by comparing your current harvest to yields from past years, and/or to those from similar, unaffected fields. 

EDITOR'S NOTE: Terry Shafer is cofounder of Kansans for Safe Pest Control and editor of that group's quarterly newsletter. While the organization's 12-page periodical is focused on pesticide issues in Kansas, it contains much information that could be useful for people in other states, as well. You can join KSPC and receive the newsletter by sending $5.00 to Kansans for Safe Pest Control, Mike Coker, Dept. TMEN, 635 Gage Boulevard, Topeka, Kansas 66606. 

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