Are you liable if the wind carries off-target pesticide even though you were careful?

You are liable if the wind carries off-target pesticide even though you were careful. This principle stems from the legal concept of strict liability regarding pesticide application. Applicators are responsible for ensuring that their use of pesticides does not negatively affect non-target plants, wildlife, or human health, regardless of the precautions taken.

In the context of pesticide application, even if an applicator follows all recommended practices and guidelines, they can still be held liable if the pesticide moves off-target due to wind drift. This is because the responsibility for safe application practices lies with the applicator, and they must account for environmental conditions that could lead to pesticide drift.

Liability ensures that applicators remain vigilant and take comprehensive safety measures to minimize off-target movement. This is an important consideration that motivates applicators to stay informed about environmental conditions and choose appropriate times and methods for pesticide application. The other choices, which suggest a lack of liability under certain circumstances, do not align with the strict liability standard upheld in pesticide regulation.