Legal Question in Personal Injury in California

Sprayed, can I sue?

I was in my own yard when a cropduster plane that was spraying a nearby field of cotton came over my property and myself with the spray still on drenching everything and me too with paraquat a high danger chemical.

I experienced shortness of breath for a few weeks afterwards which was very uncomfortable and not to mention frightening.

They were found guilty of breaking the law by the county agricultural commissioner and fined the maximum fine of $1,000.00 wich isn't much of a slap on the hand.

Can I sue them for toxic trespass, nuisance, reckless endangerment, and negligance etc.?


Asked on 2/03/05, 12:08 pm

4 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Sprayed, can I sue?

I'd take your case. You may contact me.

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Answered on 2/06/05, 3:54 pm
Daniel King Law Offices of Daniel King

Re: Sprayed, can I sue?

Yes, you can. Obviously, there will be the typical proof issues, (proving that your damages/injuries are causally related to the chemical exposure), but I would be interested to speak to you about your matter in detail.

Daniel King

818 587-9299

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Answered on 2/05/05, 3:23 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Sprayed, can I sue?

Sounds like you've been hitting the law books. If you have a doctor who can tie in what they did with your illness, and the complaint is not barred by the statutes of limitations, go at it.

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Answered on 2/04/05, 9:44 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Sprayed, can I sue?

You can indeed sue and it sounds like you have a good case, though some of the causes of action you list would not be appropriate. You can recover for any medical costs you incurred as a result of the accident as well as for pain and suffering and emotional distress that it caused. You can also recover for any damage to your property, including both your real estate and any personal property which was affected.

Can you demonstrate that your shortness of breath was caused by the chemicals? Did you seek medical care? How much damage was done to your property? The answers to these questions (among others) will determine how large your award will be if you win.

Keep in mind that winning won't do much good unless you can collect your judgment. If the defendants are broke the case may not be worth pursuing despite the merits of your claim.

Good luck!

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Answered on 2/04/05, 9:49 pm


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