Imprelis Discussion - it's damage, Dupont's Claim Process, Lawsuits filed, Experience

[TreeNut]

Once again, thank you so much, StarBuy! I kind of figured, that if neither entity has re-evaluated our situation, we should be able to do whatever we want. But you never know.....

On the above info about disclosure, does that mean that the LCO should have told us back in May '11 that they were using a new herbicide? Or is that a 'new' requirement, once they admitted there was a problem?

[Starbuy]

Originally Posted by TreeNut

Once again, thank you so much, StarBuy! I kind of figured, that if neither entity has re-evaluated our situation, we should be able to do whatever we want. But you never know.....

On the above info about disclosure, does that mean that the LCO should have told us back in May '11 that they were using a new herbicide? Or is that a 'new' requirement, once they admitted there was a problem?

When a chemical application takes place the LCO is supposed to leave a note about what was used and any other instructions. But for a homeowners association maybe that note or letter is only left with one person who represents the whole association? Any LCO want to comment? Do they have to leave the note on each door?

You may want to get with your board members to see if they kept the record of that note when it was applied and see if it had the additional instructions about clippings.

[cleanponds]

The state of Ohio requires that an application notice be left with each occupant and the property "flagged" at common sense entry points if an EPA reistered product is applied. The paperwork would include such things as sq ft applied,rate and name of product per 1000 sq ft, the EPA registration number of the product , time of day,wind speed,wind direction,temperature Lic # and and notice to stay off turf for 24 hours or until dry.Also any special items such as not composting clippings would be on this same paperwork. If you want notification of when a neighbors lawn will be treated contact that Company and they have to notify you 24 hr prior.

[Starbuy]

Thanks Clearponds for that information. I'll be giving my neighbor's LCO a call because I want to know everytime they apply something to his yard since I now know it can easily migrate into my area. They probably won't be happy about it, but too bad.

[cindyb]

Ohio http://codes.ohio.gov/oac/901%3A5-11-09

So just coming home and finding a little sign doesn't cover it.

Kentucky law http://www.lrc.ky.gov/KRS/217B00/300.PDFO

(3) At the time of application of lawn chemicals to a lawn, an applicator for hire shall provide the following information to the customer, either homeowner or landlord, for each lawn chemical used, and shall record and maintain at the business address the following information relating to the application of each lawn chemical:
(a) The brand name or common name of the pesticide applied;
(b) The pesticide type;
(c) The fertilize rate and analysis;
(d) The reason for use;
(e) The concentration of end use product applied to the lawn, the rate of application, and the total gallons of end use product applied to the lawn;
(f) Any special instruction appearing on the label of the lawn chemical product applicable to the customer's use of the lawn following application and any other precautionary or hazard information appearing on the label as applicable to the end use concentration;
(g) The name and the state applicator license or certificate number of the individual actually making the application;
(h) Customer name, address, and date of application; and
(i) Total area of lawn treated.

So that would be for each treatment not just when you sign the contract?

[cleanponds]

For every lawn application that is EPA registered,every time. (That would be Imprelis) Straight lawn fertilizers need not be posted but a lot of times I see them posted.Most of us have all of our product information preprinted on carbon sheets so we just check off what we used with the epa registarion number already printed.So just finding a sign only tells you someone has made an application. That someone as far as the Company name and its contact info is on that yard marker but not the required details that are to be left also. All Ohio licensed Applicators should know this as its part of the testing requirement and a refresher is mandatory at a minimum every 3rd year as 8 hours of recertification is also required.This paperwork has to be kept and is subject to State audit for five years.

[TreeNut]

Great News! I just received a call from the guy that wrote the NYTimes article last year--Jim Robbins--he's doing a follow up article about the one last year about Imprelis!! Yeah!!! He asked me several questions, and I told him about this web site/ thread, and the Purdue updates. We may get some action, folks!!

[cleanponds]

TreeNut, Perhaps ask him if they ever forward their articles to USA Today for some additional exposure.

[Ubetit]

Is it possible to do a claim through homeowners insurance?

[Starbuy]

Originally Posted by Ubetit

Is it possible to do a claim through homeowners insurance?

Call your insurance company to see if plants and landscape is covered for other damages besides weather and not from theft or vandalism. From what I've heard, most insurance companies won't cover this and suggest the homeowner gets a lawyer. Mine won't cover all this damage. The amount of loss is much greater than what they would pay out in my case. If they did compensate part of my damage then they would have to sue DuPont and I'd have to sue for the rest anyhow.