Who is responsible if pesticide drift damages a neighbor's property?

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In situations where pesticide drift causes damage to a neighbor's property, the applicator or supervisor is held responsible. This responsibility stems from the fact that the applicator is directly involved in the application of the pesticide and is accountable for following all guidelines and regulations to minimize drift and ensure the safe use of chemicals.

The applicator must be knowledgeable about the weather conditions, wind direction, and proper techniques to apply pesticides in a manner that reduces the potential for drift. This includes adhering to label instructions and employing protective measures, such as buffer zones, to safeguard adjacent properties.

While the manufacturer of the pesticide provides the product and relevant safety information, they are not responsible for how the pesticide is applied. Additionally, the employer or supervisor may carry some responsibility in training the applicator but ultimately, it is the applicator on the ground who executes the application. The state regulatory agency's role is to enforce laws and regulations but does not assume liability for individual application incidents. Therefore, the applicator's direct actions during the pesticide application make him or her responsible for any resultant damages.

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