Who is liable for drift damage?

Who is liable for drift damage?

• A. Dealer
• B. Applicator
• C. Manufacturer
• D. Landowner

Answer: (B)

Drift damage liability rests with the person applying the pesticide because drift is a result of how the product is applied. The applicator has the duty to follow the label directions and apply under appropriate conditions—calibrating equipment, selecting proper nozzle and droplet size, maintaining safe wind and temperature ranges, and observing buffer zones. If drift happens due to improper application or equipment failures, the responsible party is the applicator (or their employer/contractor) who controlled the application. Manufacturers can be liable only if the issue stems from a product defect or mislabeling, not from normal drift during proper use, and landowners typically aren’t responsible unless they contributed to the drift.

Drift damage liability rests with the person applying the pesticide because drift is a result of how the product is applied. The applicator has the duty to follow the label directions and apply under appropriate conditions—calibrating equipment, selecting proper nozzle and droplet size, maintaining safe wind and temperature ranges, and observing buffer zones. If drift happens due to improper application or equipment failures, the responsible party is the applicator (or their employer/contractor) who controlled the application. Manufacturers can be liable only if the issue stems from a product defect or mislabeling, not from normal drift during proper use, and landowners typically aren’t responsible unless they contributed to the drift.