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Dicamba Lawsuit

Monsanto’s dicamba – an herbicide used under the name XtendiMax with Vapor Grip – has drifted onto neighboring properties, damaging plants or killing them.  Dicamba harms or kills green plants not genetically engineered (read: perverted) to withstand its toxic assault.  Farmers and homeowners injured by dicamba drift are filing dicamba lawsuits against Monsanto for destroying their crops and gardens.  Our law firm is investigating these and other dicamba lawsuits.

If you or a loved one has been injured by Dicamba, contact Matthews & Associates online or call (888) 923-7001 today for a free consultation.

INDIVIDUAL CASES, INDIVIDUAL ATTENTION

We may file or settle a claim individually or as part of a group on a case-by-case basis. 

Whether your claim is filed individually or as part of a group fighting the same defendant, our goal is always to provide each of our clients with individual attention.

Who Can File a Dicamba Lawsuit?

If you have been harmed by Dicamba herbicide, you may be eligible to file a lawsuit aimed at holding Monsanto accountable for the damage. Here are the categories of people who commonly pursue legal action:

  • Farmers with Damaged Crops: Farmers whose non-Dicamba-resistant crops have been harmed by Dicamba drift can seek compensation. Dicamba is known to move beyond the area where it was applied, causing significant crop damage and financial loss. If your yields or crops have been negatively impacted, you might qualify for a Dicamba crop damage lawsuit.
  • Property Owners Facing Environmental or Financial Harm: Dicamba doesn’t just damage crops. Property owners near Dicamba-treated fields have reported environmental issues like damaged gardens, destroyed landscaping, and contamination of natural vegetation. If these damages have led to financial costs or disrupted your property’s use, you could have grounds for legal action.
  • Agricultural Workers and Residents Exposed to Dicamba: Exposure to Dicamba isn’t just an environmental threat—it can also affect health. Agricultural workers or residents living near fields treated with Dicamba may experience respiratory issues, skin irritation, or more severe health problems. Those suffering long-term health effects from exposure to this herbicide may pursue legal claims for compensation.

If you fall into one of these categories, consult an experienced Dicamba attorney who can assess your claim and guide you through your legal options.

How to Prove Dicamba Damage

Proving Dicamba damage is critical for a successful lawsuit. Whether your case involves crop loss, environmental damage, or health concerns, gathering strong evidence is key. Here are the essential steps to take:

  • Documenting Crop Damage: For farmers, visual evidence is crucial. Take clear photos of the damaged crops, ensuring you capture the extent of the harm. Maintain records like aerial photos, crop yield data, and any reports from agricultural experts. Showing that the damage aligns with documented Dicamba drift patterns can strengthen your case.
  • Proving Environmental Impact: Property owners should gather evidence of the environmental toll Dicamba has caused. This could include photos of damaged plant life, dying vegetation, or harmed landscaping. Keep receipts for any incurred costs, such as replacement plants or professional environmental assessments.
  • Gathering Health Records: If you or a loved one have experienced health issues due to Dicamba exposure, medical records are vital. Document any symptoms, treatments, or long-term health problems related to exposure. Obtaining physician testimonies that link your health issues to Dicamba can further bolster your lawsuit.
  • Tracking Dicamba Use Nearby: Identify farms or areas near your property that have used Dicamba. This can include obtaining public pesticide application records or consulting local agricultural experts. Showing proximity to Dicamba-treated areas can help prove the source of your damage or exposure.
  • Severe Financial Loss Evidence: For both farmers and property owners, financial records are essential to demonstrate economic harm. Keep invoices, sales slips, or appraisal reports that confirm the decrease in property value or crop profitability due to Dicamba-related issues.

Taking these steps to document your claim can help you build a compelling case against Monsanto. At our firm, we specialize in providing support and legal representation to those harmed by Dicamba. Contact us for a free case evaluation to explore whether you qualify for a Dicamba lawsuit.

Monsanto Blames Dicamba Users

Monsanto has responded to “dicamba drift” problems by blaming dicamba users.  The problem with that Monsanto argument is that Reuters and others have reported that farmers and experts are confused by dicamba’s incredibly complicated directions.   Monsanto also sold the dicamba seed before the dicamba herbicide  (or pesticide) had even been approved.  Some farmers consequently used old concoctions of dicamba, which Monsanto had said was forbidden.  That perhaps gives Monsanto a defense in dicamba litigation, while leaving its farmer customers out in the cold.

Monsanto has been the target of at least one lawsuit that alleges it encouraged buyers to purchase dicamba-resistant seeds before the dicamba herbicide had even been approved for use.  Monsanto’s cozy relationship with government regulators – FDA and EPA employees who had previously worked for Monsanto or had close ties to it – apparently made Monsanto believe regulatory approval was a foregone conclusion.  It now appears Monsanto may have miscalculated just how fast it could get the EPA to approve its new dicamba poison.

A new lawsuit filed in Monsanto’s St. Louis home base adds to the total. The petition notes that Monsanto’s instructions for properly spraying dicamba are incredibly difficult, if not impossible, to follow.  More than 4,500 words long, the instructions demand extremely strict application.

Dicamba-resistant GMO seed and the dicamba poison itself represent the largest biotech rollout in Monsanto’s toxic history.

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Weed Management Expert: Difficult Instructions

A weed management expert quoted in the dicamba lawsuit filed in St. Louis claims the instructions are “almost impossible” to follow.  Monsanto vice president of strategy, Scott Partridge, told Reuters that the label “uses very simple words and terms.”

Like most things related to Monsanto, there is a tiny grain of truth in Mr. Partridge’s dicamba defense.  The words used are not beyond the scope of anyone who can read English, but using understandable words does not  mean the instructions that are easy to follow.  That’s a non sequitur, aAs anyone who has ever assembled anything can attest.

In an email, a Monsanto representative told Modern Farmer: “It is very detailed but our customers are highly intelligent people who want specific, concrete instructions. They are very familiar with following a label.”

Mr. Partridge patronizes Monsanto’s customers with that statement for Monsanto’s defense, but complimenting customers doesn’t mean your instructions are clear or practical to follow.  It also fails to defend Monsanto against charges that it sold the dicamba-resistant seeds to farmers when dicamba was not even available to use on them.

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Dicamba Lawsuit – Herbicide (Pesticide) Lawsuits

If your property has sustained damaged due to Dicamba drift, contact our Monsanto Lawsuit lawyers for a free legal consultation regarding a potential Dicamba Lawsuit over pesticide drift. Dial (888) 923-7001.

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