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

Discussion in 'Homeowner Assistance Forum' started by Starbuy, Feb 27, 2012.

  1. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    If your a homeowner or business that has been affected by the damage caused by Imprelis you may submit your questions, comments, experiences and advice without judgement or criticism by others. I'm a landscape professional and property owner who has had landscape damage caused by Dupont's Imprelis.
     
  2. avguy

    avguy LawnSite Senior Member
    Posts: 551

    Did you not have to be licensed to purchase Imprelis?
     
  3. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I never purchased Imprelis. My property was damaged due to the neighbor's LCO applying it to their yard and it migrated into my yard which is downhill from theirs. Yes, those who purchased Imprelis had to be licensed.
     
  4. DUSTYCEDAR

    DUSTYCEDAR LawnSite Fanatic
    from PA
    Posts: 5,137

    what is odd is the bulk of the damage is in the northern states where there was more rain???
    its a real mess
     
  5. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    More lawsuits filed against Imprelis maker Dupont: http://www.jsonline.com/news/waukes...upont-over-tree-damage-jm4afsh-140211533.html

    It is not stated in this article whether any of these property owners rejected Dupont's offer within the claims process set up by Dupont or if they were never a part of Dupont's claim process. Dupont has hired Epiq Systems which helps corporations with recalls, damage liability issues and claimant compensations.
     
  6. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I agree. From what many researchers have claimed, Dupont allegedly didn't properly test the product with the thought of certain rainfall levels and proximity to susceptible shrubs and trees. The product certainly migrated as it leeched into the soil and was sucked up by these conifers during their important feeding cycle.
     
  7. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Thanks for starting this thread and the links. I didn't see homeowners had an area and that we weren't supposed to post on other threads. My apologies to any LCO that was inconvenienced by my posts.

    This forum is the only place that I have found any updates on what Dupont is doing. They aren't informing my LCO and when I call, they say be patient.

    I don't want a fortune. I want my yard to look like it did before it was treated with Imprelis and thats not going to happen. I have dead pine trees and pine trees that look like aliens. My peach tree is toasted and my weeping willow? Before the leaves fell off, the leaf went from single leaf to triple, all grown together.

    We took good care of our trees and paid huge water bills in drought summers to keep them healthy. I consider that part of reimbursement.

    Something else that is bothering me and unless you are an animal lover, you won't understand. My back white pine has been my burial ground for my pets. The thought of them being dug up breaks my heart. That tree might will just be leveled at the stump.

    Star, please keep me posted. Seems you have an inside on whats happening and I do appreciate it. When I get an offer, I'll share. Dupont is in no hurry and I won't rush to settle.
     
  8. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Here's a good article that summarizes the Imprelis situation well:
    http://www.winonapost.com/stock/functions/VDG_Pub/detail.php?choice=46191&home_page=1&archives=

    Some worthwhile information for homeowners provided in the article:
    "DuPont has promised to settle with homeowners and others who have dead and damaged trees from use of Imprelis, but some trees are very old, and will probably be replaced with younger trees, changing the look of the landscape. It is also important that the trees be replaced correctly, to avoid contaminating the new trees." - this is something each homeowner must evaluate to see if the possibly permanent change to their landscape is valued correctly by Dupont. Also, will Dupont compensate for not just a tree/shrub of equal height to what was damaged or will they compensate for the height that damaged tree/shrub would have been at the time of replacement which could be 1' to 3' higher by the time the settlement is reached with the homeowner? For some with symetrical landscape, such as trees/shrubs lining each side of a drive, if one side was affected then the other side continued to grow past the heights of the damaged side. Therefore, a reasonable adjustment by Dupont to compensate for the height of tree/shrub it would have been could be demanded by homeowners.

    Article above in link also provides more insight into possible lasting dangers:
    "Because Imprelis doesn’t break down, it’s effects are also being seen at compost sites. Imprelis does not bind to the soil, and could conceivably seep into the groundwater as well. Composters are urged to take care with grass clippings. Clippings that come from Imprelis treated lawns, and wood trimmed from Imprelis damaged trees cannot be used as mulch, as it would infect the plants mulched with the product."

    Source: Herbicide kills trees, recalled (02/08/2012)
    By Frances Edstrom
     
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Dupont has confirmed that the offers they are sending to Imprelis damaged property owners is not a take it or leave it offer. They are receiving counteroffers for property owners who are following the instructions they send out with the offer. Other cost factors such as property value loss, impacts to privacy, additonal costs involved in digging due to utilities, additional costs for matching other trees that may have grown since the time the damaged ones stopped growing, all can be claimed in the counteroffers. The first offers are very basic going of simple formulas that don't take into consideration things like the loss of the money you put into the maintenance of the shrub/tree through the years up to death (that money you spent is now wasted since Imprelis damaged your tree you were faithfully maintaining) or things like the difference in cost between when it stopped growing and what it should be when you replace it. The initial offers just goes off the measurement at time of site visit. But they know that if you have a row of trees/shrubs and let's say 4 need replaced you aren't going to put it ones that are now 18" shorter than the others that continued to grow, therefore that is to be included in your counteroffer letter back to them.

    They are reviewing counteroffers. Their claims process is a process. Patience is needed, but of course as your other trees grow the ones that were supposed to match become more expensive for them to compensate for in counteroffers so they are trying to move as fast as possible from what I was told. Some property owners are leaving the process in order to file in the courts. It's something we all must consider when reviewing their counter proposal to our counter proposal.
     
  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    An arborist from Davey Tree told me the figures they've seen from the claims process are too low for the actual work and replacement involved. Some owners finding out after agreeing to what they thought was good compensation that the 15% 'extra' compensation is getting eating up in the replacement process. These are ones who did not counteroffer to make sure they included all their losses and ones who didn't actually get real appraisals of the value loss, costs to dig/replace, costs to make sure the new ones match the new heights of their other shrubs (when they were supposed to match for symetry), and maintenance.
    Just relaying what I was told.
    Note: I understand Davey Tree also used Imprelis on properties.
     

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