Q: Can I sue this company under what tort?
I had a verbal agreement (recorded) with a pest control company to remove a wasp nest with ONLY a non residual contact aerosol pesticide which would be used to kill the wasps quickly in their nest then the nest would be put in a bag and pulled down. I was assured that the chemical used would not affect my chickens in any way. They came and did the work and left a big mess everywhere, nest, larvae and wasp bodies scattered everywhere which my chickens were eating. Later that day they sent me a statement saying they'd ALSO used a residual pesticide that persists in the environment and continues to kill insects over time. When I researched this chemical it was found that chickens exposed to it cannot be used for eggs or meat. But even if the chickens were not part of this scenario I'm extremely angry that this company put a chemical on my property without my knowledge or consent. Is there a tort for this situation?
A: You want to know if you have a meritorious case. A lawyer will require a lot more information to answer this question. The biggest problem with your potential case is the verbal contract. Your recording may or may not be admissible in court based on multiple factors. If it's not admissible, you have an uphill battle because the material terms of the contract are 100% up to court or jury assessment, based on he said/she said testimony. I suggest you contact a local attorney to hear the recording and review your fact patter in more detail. Also important is the health of your chickens. If they cannot be used, you obviously have additional damages. So proving they cannot be used (if indeed this is the case) is critical.
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