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

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

  1. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    One of the reasons I want an attorney beside everything in my yard is dead, is responsibility. I didn't make this toxic mess and I shouldn't be the responsible one. The way I read it now is Dupont gave me the option of a settlement (that didn't cover my damage) and when I signed, I agreed that they weren't responsible and their liablility ended. I still think we are seeing the tip of the damage. At least with the oil spill, we saw BP step in and try to make it right.

    I tried to work with Dupont, hoping they would do the right thing but after being ignored and alot of emotional grief, I saw they didn't care. I need someone to protect me and to put my best interests first.
     
  2. PapaD

    PapaD LawnSite Member
    Posts: 32

    Just to be clear, my comments were what I believe is best for my community right now. I did not intend to be critical in any way. Everyone needs to evaluate their own situation and decide what is in their best interest. You are the only one who knows your complete story.

    I am very appreciative of all those who have shared their knowledge and I have learned more on this forum than anywhere else. Because of the contributors to this forum, I now feel better informed about what to expect and what my options are. Thank you all for that.

    Here's hoping that everyone has a happy and healthy New Year. Also hoping that we all get our Imprelis problems resolved and we can start to get our landscapes back to normal.
     
  3. michiman

    michiman LawnSite Member
    Posts: 43

    Just to clarify my answer. I am fairly certain I will see some type of offer from Dupont well before any possible settlement could be reached with legal action. My main concern is that I might be wasting my time waiting if the offer is not sufficient.

    Hopefully I'll have some of my questions answered by an attorney tomorrow. Maybe his explanation of the process, likely outcomes and where cases he has started have progressed will sway my decision. Currently I am of the same mind as PapaD. Once I hear what he has to say, I may be in a better position to come to a decision as to whether to proceed legally.
     
  4. DA Quality Lawn & YS

    DA Quality Lawn & YS LawnSite Fanatic
    Posts: 8,844

    FYI for those fighting DuPont right down to the last bone.

    I am an LCO. My one affected customer took DuPont's first offer for settlement. The dead trees have been removed (by DuPont's contractor). Cash is in my customer's pockets, they can plant the trees they want to replace with next season.
    And they had enough left over to go to Hawaii this year. The deal was very fair.
    May want to just take what DuPont offers instead of fight them. You may not get anything.
     
  5. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    DA Quality Lawn & YS, I'm glad it worked out for that customer. Wish my case was that simple. I have double the amount of trees and shrubs damaged than what DuPont's hired arborist stated. I had to get help from a law firm and get an independent arborist to document everything. I sincerely tried working with DuPont, but they just didn't seem to want to compensate for my true loss. Each property has it's own situation. Some properties weren't hit as hard as others and some still can't replant without damage occuring to the new plants (according to reports on Lawnsite). In fact, I was told I probably would not be able to replant my privacy hedge for a number of years. That is also something to be compensated for that is beyond DuPont's original offer to me. There are many things beyond their puny 15% "extra" compensation that my loss is not fully covered. I can't afford to lose out financially on something that was someone elses fault. Some can absorb certain losses, but not in my situation. The impact to me is too great. But, glad when things have worked out well for others.
     
  6. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    A thread I don't want to lose: http://www.dispatch.com/content/stories/local/2012/09/29/when-will-dupont-pay-up.html

    my bushes, pear tree, blackberries, garden, roses, weeping willows, ornamentals, Japanese Maples, all stuff that showed up after the initial report, they took longer to show damage. Guess lost growth didn't count?



     
  7. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Last edited: Jan 3, 2013
  8. michiman

    michiman LawnSite Member
    Posts: 43

    Oh, that's really ugly... I wouldn't expect that Alberta Spruce to come back either. Looks even worse than ours. Our Alberta Spruce was measured at 7'. Every bit of new growth from 2011-2012 ended up being small, rock-hard dark balls. The ones away from the application look great and continued adding growth both seasons.

    I'm pretty concerned about our 12" circumference laceleaf Japanese Maple which was measured at 5'. We could never replace it. It didn't have a good year and what was on wasn't it's regular bright green in the spring and it didn't break out in vibrant color this fall - foliage was weak looking all year. Our 20" circumference, 11' dogwood has severely drooping limbs and nasty, cupped looking leaves. Davey rated both at a "1". The guy was not an arborist... maybe a tree trimmer.

    Damage on various types of landscape including: Alberta Spruce, Taxus Yews, Dogwood, Arborvitae, Barberry, Japanese Maple, Scots Pine, White Pine and Colorado Spruce.
     
    Last edited: Jan 3, 2013
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Here's an interesting article from tendingmygarden.com about the dangers associated with the use of compost which came from Imprelis treated sites:
    http://tendingmygarden.com/municipal-compost-manures-should-you-use-them/

    Excerpt from article "Municipal-Compost – Manures – Should you use them?" - TendingMyGarden.com (accessed Jan. 7, 2013):
    "...the US Composting Council warned that anything treated with this chemical should not be composted because it would kill flowers and vegetables that the compost was used on – for up to 4 years after it was used."

    I could not find any confirmation that a limit of 4 years is still in place by the US Composting Council. After more studies are done and made public, hopefully we'll know with more certainty when some of us may be able to replant safely. I don't want to replant only to see my new tree or shrub not grow like it should or even become deformed or die. I know some who tried replanting this past year, followed all the soil removing instructions, removed all roots and the new plantings still died. Even those who tried and the plant didn't die yet are watching to see if the growth is stunted compared to plantings in areas where Imprelis was never applied or near. Our properties are just labs now.
     
  10. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    . The guy was not an arborist... maybe a tree trimmer. Interesting to know. When the Davey/Stericycle "Dupont team" reviewed our property to confirm our LCO findings I did ask Davey Tree rep if he was an arborist and he did say he was indeed.
     

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