Liability for Spraying:  Herbicide Drift

  1. Liability for Damage Caused by Agricultural Chemical Drift
  2. Legal Aspects of Herbicide Drift
  3. Pesticide Spray Drift
  4. Survey of State Pesticide Regulatory Agencies:  Spray Drift Complaints and How They Were Resolved
  5. North American Conference on Pesticide Spray Drift Management 
  6. Draft Pesticide Registration Notice:  Spray and Dust Drift Label Statements for Pesticide Products
  7. McLain v. Johnson, 885 SW2d 345 (MO Ct App l994):  Plaintiff had a watermelon crop on land next to a neighbor who contracted with the defendant aerial applicator to spray herbicide (including 2,4-DB among others) on his soybean crop.  Plaintiff claimed the defendant was negligent in the aerial application.  The trial court (sitting without a jury) entered judgment for the defendant.  Judgment affirmed on appeal.  The court rejected the plaintiff's argument that the defendant had to disprove his negligence since aerial spraying is an inherently dangerous activity.  Instead, the plaintiff had the burden of proving not only that his watermelon crop was damaged but also that the defendant was negligent in the aerial spraying.  And the plaintiff (in both courts' opinions) failed to carry this burden of proof, instead relying on the "sudden onset doctrine" to no avail.  The defendant argued that there was at least one week between the spraying and the watermelon plant loss,  that there may have been residues in the soil from the plaintiff's spraying on soybeans on that plot the previous year, and that the wind while blowing on the day of aerial application was coming from the wrong direction to blow spray over the watermelons.
  8. Anderson v. State Department of Natural Resources Minnesota