How to Prove Pesticide Drift Caused Damage
I received this email today from a new SafeLawns member from Wisconsin. If anyone has any experience with this issue, please post a comment below.
I just listened to a replay of your Wisconsin Public Radio interview this morning. I hope you can help me:
I am about to start legal proceedings against TruGreen for damage to my trees, shrubs, native plantings (I would bring up my headaches but don’t think I can prove the source). The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) came to my property and collected leaf samples which are waiting for analysis at their Forensics Lab. When I have their report (in at least 12 weeks) I will go to Small Claims Count for damages, and possibly also Circuit Court for nuisance. The University of Wisconsin Plant Disease Diagnostics Clinic positively identified herbicide damage to my white oak and redbud trees based on visual inspection of branches. TruGreen claimed that my trees were diseased but the lab saw no diseases.
State law says herbicide cannot leave the property where it has been applied, but the burden on a neighbor is almost impossible to meet. Do you have advice or references for me?
Madison, WI 53704