Most large scale commercial growers will engage agricultural contractors to spray their crops. For the most part, those contractors will be both professional and experienced but they are only human and mistakes can be made.
It goes without saying that the effects of spraying the wrong agrochemicals on a crop can potentially be disastrous, resulting in either reduced yield or complete destruction of the crop. In those circumstances you are likely to want to issue legal proceedings for substantial damages and, as with most claims, the quality and availability of your evidence will be crucial to a successful outcome.
If this happens to you, the following are some top tips to ensure that your claim stands the best prospects of success.
Take statements from any employees or third parties as to the condition of the crop prior to the spray and the process carried out by the contractor.
Inform the contractor of the damage as soon as possible and record his response. If
possible, arrange to inspect his sprayer and take samples of any residual agrochemicals
remaining in the tank. Do the same if the contractor used your sprayer instead.
Inform your insurers of the damage as soon as possible. A delay in notification can affect cover for your claim.
Try to mitigate your loss. Can another crop be grown in the same field or fields? Will your
customer or any other potential customers accept a reduced crop?
Preserve all records relating to previous crop yields and contracts for the purchase of the
crop in question. This will be necessary to support your claim for financial losses.
Preserve all contractual records, terms and conditions and invoices, etc. from your crop
spraying contractor.
1. Take samples of both the damaged crop and the soil as soon as possible and arrange for those samples to be tested by a reputable crop trials organisation. This can be very helpful in determining the cause of the damage.
2. Take lots of photos of the damaged crop as soon as possible. Make sure you take lots of closeups too. If you have similar crops at the same growth stage take photos of that crop too as a comparison.
3. Preserve all spray records, work plans and field traceability records recording any agrochemicals previously applied to the crop or soil and any agrochemicals previously applied by the contractor to other crops.
4. Preserve all stock records relating to agrochemicals. A discrepancy in those records
may help to show that the wrong agrochemical was applied.
5. Arrange for an inspection of the damaged crop as soon as possible by an agronomist who specialises in that type of crop. If possible, arrange for more than one agronomist to inspect. Ask those agronomists to provide reports detailing their views as to the likely cause of damage.
6. Take statements from any employees or third parties as to the condition of the crop prior to the spray and the process carried out by the contractor.
7. Inform the contractor of the damage as soon as possible and record his response. If possible, arrange to inspect his sprayer and take samples of any residual agrochemicals remaining in the tank. Do the same if the contractor used your sprayer instead.
8. Inform your insurers of the damage as soon as possible. A delay in notification can affect cover for your claim.
9. Try to mitigate your loss. Can another crop be grown in the same field or fields? Will your customer or any other potential customers accept a reduced crop?
10. Preserve all records relating to previous crop yields and contracts for the purchase of the crop in question. This will be necessary to support your claim for financial losses.
11. Preserve all contractual records, terms and conditions and invoices, etc. from your crop spraying contractor.
Ideally, following the above steps will give you and your insurers the necessary ammunition to negotiate a satisfactory settlement of your claim. If for some reason that does not happen and you need to issue court proceedings, the above evidence is likely to be invaluable in securing a successful outcome.
Jeremy Crook is a solicitor in the dispute resolution team at Stephens Scown. He can
be contacted on 01726 627309 or by emailing rural@stephens-scown.co.uk.