In most chemical drift lawsuits, who is typically held liable?

In cases of chemical drift lawsuits, both the applicator and the customer can be held liable due to their respective roles in the application and use of the chemicals. The applicator is responsible for properly applying the chemicals according to guidelines, ensuring safety measures are in place to prevent drift. When improper application occurs, or if the applicator neglects to follow safety protocols, they can be held accountable for the resulting issues, including damage to neighboring properties or harm to non-target organisms.

On the other hand, the customer, who hires the applicator, may also share liability. This stems from the customer's responsibility to ensure that they are hiring a qualified and reputable applicator and that they are aware of the possible consequences and legal obligations associated with chemical applications. If it is found that the customer was negligent in their hiring practices or in communicating specific needs and areas of concern, they too can be implicated in the lawsuit.

This joint liability recognizes that both parties have a role in the situation that led to the drift, making it reasonable to hold them both responsible for the consequences.