Asked in Agricultural Law for Missouri

Q: Agricultural aerial sprayer of sodium chloride on my private property

Agricultural sprayer sprayed sodium chloride on my tomatoes roses flowers that killed them and affected some trees. He come over and admitted to what he sprayed and that it killed it and everything. The land owner told him this land was marked as a sensitive spray Zone. The spray guy admitted he flew from the south when the wind was out of the Southwest. I filed a report with the Department Agriculture and they come out and took pictures and etc. Can I sue for private property trespassing reckless disregard, mental anguish. Insurance company admits the claim but only has offered me $1,000. I buy special fertilizer and worm compost and organic fertilizers. I'm on disability and my garden is the only thing I had to look forward to every year. I live in Butler County Missouri. can you please help me with some codes or sections that will allow me to get up to $5,000 in small claims court. I'm very desperate for some help and information. I hope you have a blessed day and thank you


Related Topics:
1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: I believe your claim would be a tort claim for negligence or trespass rather than a claim under a statute. Small claims court is designed for people to represent themselves. You would file your petition, seek the damages you believe you deserve, and at trial you'd have the burden to prove up your damages.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.