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

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1 Lawyer Answer
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
Answered
  • 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.

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