A federal jury in February 2020 determined that Bayer and BASF will have to pay $250 million in punitive damages to the largest peach farm in Missouri, related to damage caused by dicamba herbicides.
The property contamination verdict was announced after a three-week trial where Bader Farms alleged it was going out of business because of property damage due to dicamba herbicides drifting off neighboring farms. The herbicide harmed 1,000 acres of peach orchards.
A Missouri jury ruled that Monsanto, now operated by Bayer, and BASF acted negligently and are liable for property damages. The ruling allows hundreds of similar herbicide drift lawsuits to proceed.
The Lyon Firm is currently accepting cases from farmers whose crops have allegedly been damaged by dicamba. Even a smallest amount of the herbicide may destroy crops that are not genetically modified to withstand the chemical.
Complaints continue to mount in Ohio and around the Midwest, and we expect to file dicamba lawsuits on behalf of farmers whose crops and properties have been affected. Farms can be affected from properties many miles away. Cases will be assessed individually, and farmers are urged to note the following types of related crop damage:
Joe Lyon is a Cincinnati, Ohio Agriculture lawyer and Dicamba Attorney reviewing property contamination lawsuits. Plaintiffs nationwide should contact a property damage lawyer to discuss legal options.
UPDATE: Bayer Agrees to Settlement related to crop damage and Dicamba Drift.
Dicamba-based herbicides, like Engenia, are used regularly by growers battling resistant weeds in soybean and cotton fields. The herbicides selectively kill broad-leafed weeds, and is commonly used in conjunction with other herbicides, such as glyphosate.
Dicamba is currently found in about 1,100 herbicide products. The chemical mimics natural plant hormones which cause abnormal growth and death. The product is sold under a number of brand names including Banvel, Diablo, Oracle, and Vanquish.
BASF and Bayer deny plaintiffs’ allegations, blaming all crop damage on other chemical applications, weather events, and crop disease.
The Missouri jury found Monsanto negligent in releasing dicamba-tolerant seeds without the proper herbicide. The jury also found the companies negligent in releasing new versions of their hebicide that were touted to be less likely to drift or move “off-target.”
The herbicide continues to cause damage on farms across the United States. According to The New York Times, in 2017 alone, dicamba damaged more than 3.6 million acres of soybean crops.
If your crops or property have been damaged by dicamba or another hebicide, contact The Lyon Firm immediately. You may be eligible to seek compensation for financial losses.
As of February 2020, there are at least 170 plaintiffs who have filed claims against Monsanto, BASF, and DuPont. Plaintiffs are adamant that Monsanto products have harmed their crops and cost them millions in property damages.
According to the U.S. Environmental Protection Agency, these chemicals do not pose any risk when used according to the EPA-approved label. Monsanto claims it took the necessary steps to properly warn about potential risks associated with its products. Agribusiness Attorneys and farmers are not so sure and lawsuits have moved forward.
Farm contamination cases help empower property owners to fight for their right to be protected, satisfactorily informed, and to keep their farms safe. They also bring awareness to challenge and higher the expectations of companies who are not serving the community justly.
If your farm or property has been compromised or contaminated with chemicals, pesticides or a foreign seed or substance, you may have a viable case and can consider legal action.
If your property has been damaged, contaminated or your crops have been damaged, you are encouraged to gather as much evidence as possible with photographs, video, eye witness accounts, soil and water samples and assistance from experienced attorneys.
Many farmers use dangerous and potentially invasive pesticides and herbicides. Bayer’s Dicamba herbicide has been long controversial due to its potential to drift in neighboring farms. It is not illegal to use, however lawsuits have been filed following property damage incidents.