Tree Damage From Crop Spraying

[lone wolf]

And that's also one reason I'm hesitant... the odds are heavily stacked against me... from every direction.
I would literally be on my own if I pursued legal action.

Well do what you think will help. Try the insurance route first then.

 

[lone wolf]

More "good" news today.
I just got off the phone with the inspector. He received the final report and will bringing me a copy when he comes back out here tomorrow.
I asked him what the results are... "2-4-D, LV6 ester sprayed on the soybean crop in the fields adjoining my property, volatilization."

Asked him about the next step in the process and if I see trees dying if I need to call the farmer and ask him to file a claim with his insurance company. He said yes, but then added that he will discuss that with me more tomorrow.

I also asked him if he minded if I invite the farmer to join us tomorrow so we can all discuss what can be done in the future to prevent, or at least reduce the chances of, this happening again.

So, next week I'll get a couple of estimates to have on hand if I need to file a claim in the future.

Sounds a bit encouraging doesn't it? Good luck with all of it.

 

[lone wolf]

I'm certain the owner or his hired sprayer operator is responsible for any actions they caused! I doubt the manufacturer is responsible for wind drift. You definitly have a case.

 

[ATH]

.... but it's also discouraging to know that there's nothing that can prevent it from happening again - no mater what they say.
If the farmer follows instructions and the chemical is unstable under certain sudden and unpredictable weather/atmospheric conditions, seems to me the fault lies squarely with the manufacturer for peddling an unsafe product that won't stay put.

A) Glad that you are getting closer to some answers.
B) As you said "unstable under certain sudden and unpredictable weather/atmospheric conditions" - those are likely outlined on the label. The product was likely applied while those conditions were present. Not likely 'maliciously'. Maybe it was gonna rain for the next week so he had to get it on so he could plant ASAP when the ground dried? Maybe conditions changed while he was making the application? etc... IF that is the case, that is on the applicator. Sure, the product makes a proper application difficult, but not impossible. The farmer needs to know of those difficulties before selecting the product. I'm not saying the manufacture is without fault...but as an applicator myself, I'd be looking at those things when selecting which products I use.
C) Having said that, they CAN prevent it from happening again by either watching conditions or selecting different products. They just need the proper motivation. Hopefully just seeing what they've done will change their mind.

 

[lone wolf]

Just had a nice meeting with the inspector and the farmers.
I voiced my concern about the expense of removing any trees that die.
Inspector was of the opinion that I should wait and see if any actually do die since he thinks it would be difficult to determine a monetary amount of damage now..
I agreed with that, but also stated that if I wait until next year the ins. company could ask why I didn't do anything about it when it happened and make the claim that anything could have caused the trees to die during the year.

Farmer said he thinks I should do something now. He's going to contact his ins. agent. He also offered to help me out -anytime- with the trees.
It's a nice feeling knowing I have good neighbors.

Well this might turn out good!

 

[ATH]

Just had a nice meeting with the inspector and the farmers.
I voiced my concern about the expense of removing any trees that die.
Inspector was of the opinion that I should wait and see if any actually do die since he thinks it would be difficult to determine a monetary amount of damage now..
I agreed with that, but also stated that if I wait until next year the ins. company could ask why I didn't do anything about it when it happened and make the claim that anything could have caused the trees to die during the year.

Farmer said he thinks I should do something now. He's going to contact his ins. agent. He also offered to help me out -anytime- with the trees.
It's a nice feeling knowing I have good neighbors.

You have the inspectors report recording the damage, right? I think having the farmer contact his agent is a good step to get it on record with them. However, I wouldn't think filing a claim yet is best because there isn't an actual loss - just a potential loss. If anything they'd pay a reduced settlement. Or look at a claim next year, if actual losses happen, as less valid.

 

[lone wolf]

Exactly. Already discussed that with a friend earlier who said "don't settle."
Yes I have the inspectors report - if you can call it that. It's more of a lab report saying the sample contained 2-4-D - no name of the farmer on it anywhere. But, that's okay since it's been mutually agreed who the farmer is.

I think contacting his ins. agent is the next logical step in this process -they have people who likely do this on a regular basis and should be able to ***** visible damage and potential damage. I would think.
I'll wait to see what conclusion they come to, but I'm thinking of getting an estimate for removal and stump grinding of all the large trees on the property - everything I can't cut down with my sawsall And also getting an estimate for 2" cal. replacements.
I would not settle for anything less than that... because if I did and two years from now they all started dying, I wouldn't be able to file another claim. Once I accept the ins. payment, that's it. I would think.

You shouldnt be doing any of the work get 3 estimates for everything. I bet its going to cost a good amount.

 

[Tony Waldron]

Hi, I'm in Australia and have AHC30110 Certificate III in Agriculture. I'm sure there are the same responsibilities in your country as mine. That said, the onus is on the individual that is applying the chemicals to ensure that the application of the chemical does not pose a threat to others. This includes other's health and/or property.

The damage to your trees counts as property and therefore the person doing the spraying is responsible for those damages. (looks like a broadleaf spray so check other plants for damage).

Even if the the person was told by their boss to spray, they are still the one that has done the actual spraying. Think of a person with a gun. A general might order a soldier to shoot innocent civilians, but the soldier is still the one that pulls the trigger.

Also if there are any of the same type of trees near you or in town that are healthy then that will support your claim.

 

[sean donato]

Well, glad you finally got your report amd the farmer is willing to make good on it. Chin up everything will work out.

 

[pdqdl]

Hi, I'm in Australia and have AHC30110 Certificate III in Agriculture. I'm sure there are the same responsibilities in your country as mine. That said, the onus is on the individual that is applying the chemicals to ensure that the application of the chemical does not pose a threat to others. This includes other's health and/or property.

The damage to your trees counts as property and therefore the person doing the spraying is responsible for those damages. (looks like a broadleaf spray so check other plants for damage).

Even if the the person was told by their boss to spray, they are still the one that has done the actual spraying. Think of a person with a gun. A general might order a soldier to shoot innocent civilians, but the soldier is still the one that pulls the trigger.

Also if there are any of the same type of trees near you or in town that are healthy then that will support your claim.

In our country, the licensed applicator is obliged to have an insurance policy tied to the business or person doing the spraying. It's an actual part of your license. There are also licensed "technicians", which are supposed to be operating under the authority and supervision of the applicator. All the liability rolls uphill to the insurance policy of the applicator. This, of course, only applies to folks that are actually doing an application with a license. I have no doubt that there are plenty of small farmers that just run without any license. That doesn't seem to be the case for TNT's claim.

 

[ATH]

... This, of course, only applies to folks that are actually doing an application with a license. I have no doubt that there are plenty of small farmers that just run without any license. That doesn't seem to be the case for TNT's claim.

under certain volumes, not using restricted use products, and on their own property, no license would be required. No different than a home owner treating their own lawn. I had a client a few years ago with some badly curled leaves on several trees and shrubs. Previous neighbor did almost no yard care. New owner wanted a pristine lawn now so they used a lot of weed control. Same issues. Fortunately everything recovered except some Euonymus they were taking out anyhow.

 

[Tony Waldron]

Hi.
A bit of homework and read for me hay?
I seen a good direction about spraying and causing spray drift on page 25 of this report;
https://apvma.gov.au/sites/default/files/special_gazette_03092020_0.pdf
As far as the change in labelling goes it just puts in Black and White the responsibilities for storage and disposal of a chemical by grouping products into an indexed numbered system. (eg. lets say household fly spray is listed as a number 1. Then all other sprays with a low toxicity to equal the fly spray will have a danger index of 1 as well.

To apply certain chemicals here in Australia we need to have passed a Chemical Handling cause like the 1 I listed in my first post or be supervised by someone who has.

I'm still reading more but wanted to post this before it got to late.

 

[Tony Waldron]

under certain volumes, not using restricted use products, and on their own property, no license would be required. No different than a home owner treating their own lawn. I had a client a few years ago with some badly curled leaves on several trees and shrubs. Previous neighbor did almost no yard care. New owner wanted a pristine lawn now so they used a lot of weed control. Same issues. Fortunately everything recovered except some Euonymus they were taking out anyhow.

Here in Australia if the product comes under the restricted use umbrella (this will be mentioned on the label) then the same rules apply no matter if you spray a small lawn or large area. All labels will clearly state that failing to follow directions may result in prosecution.

 

[Tony Waldron]

Well here's a new development that may, or may not, be related... my hair's falling out.
Calling the dr. Monday to schedule bloodwork.
It could be covid-related since a girl at work had the same issue four months after getting covid; it's been six months for me.
But, I was also doing a lot of yardwork during the time they sprayed. I also got VERY sick around the 26th for a couple of days. Even called the doctor since I thought it might have something to do with cleaning out the barn.
We'll see...

When the spraying was taking place, could you smell it very strongly and second could you see any oily like surface on any smooth surfaces close by you? It may have even looked like a thin layer of dust.

 

[ATH]

Here in Australia if the product comes under the restricted use umbrella (this will be mentioned on the label) then the same rules apply no matter if you spray a small lawn or large area. All labels will clearly state that failing to follow directions may result in prosecution.

Same here for restricted use products.

Same here for prosecution. every label says: "It is a violation of federal law to use this product in a manner inconsistent with its labeling"

 

[Tony Waldron]

Not quit, was there anything on your outdoor furniture, Barbeque or cars. If you use the washer/wiper on your vehicle is it smeared?

 

[Tony Waldron]

Here is an Australian label for 2,4,d Ester and on page 2 it points out the Spray Drift restrictions.
https://www.adama.com/australia/en/media/3181/download?attachmentFrom the website https://www.adama.com/australia/en/crop-protection/herbicides/24d-lv-ester

 

[Tony Waldron]

Check out page 9 on the American label;
https://www3.epa.gov/pesticides/chem_search/ppls/000228-00095-20150504.pdf
As to your personal exposure I'm sure you are ok, but like everything in life, "It wont hurt to get it checked by a doctor".

 

[Bill G]

I know of a guy that still has a barrel of DDT. I'll bet it still works, too.
Or so the rumor goes...

Funny thing is, I believe that it is still legal to apply as instructed on the label. Most products are banned for sale or resale, but remain legal to be applied according to the original label.

I like that. WE still have a 1 gallon whiskey jug of "brush killer" that our neighbor gave my dad 60 years ago at least. The neighbor was a tough salt of the earth man who worked his life for the railroad. He gave Dad or Grandpa that jug and said it was brush killer the railroad used on right of ways but was banned by the government. Now I am not sure what it is nor when it was banned but LeRoy retired from the railroad in the 1950's That says something

 

[Tony Waldron]

ADAMA 2,4-D Ester 700
This is the best match for what you said was sprayed. Here are the precaution instruction to be followed.

GENERAL USE PRECAUTIONS:
ADAMA 2,4-D Ester 700 Herbicide may cause damage to susceptible crop, ornamental, and other plants, even in minute quantities.

• Avoid spray drift to any desirable vegetation. Coarse sprays are less likely to drift.
• Do not spray during periods of high winds.
• Do not permit lactating dairy animals to graze fields within 7 days after application.
• Do not graze or cut treated crops for forage until 30 days after application.
• Withdraw meat animals from treated fields at least 3 days before slaughter.