Reinig & Barber | Tri-Cities, Pasco, Kennewick, Richland Personal Injury & Wrongful Death Attorneys

Crop Loss Information and Recovery

The true value of a destroyed or injured crop must be arrived at from a consideration of numerous facts and factors, among which are the kind of crops which the land will ordinarily yield, the probable yield under proper cultivation, the average yield per acre of similar land in the neighborhood cultivated in the same way, and the stage of advancement at which the crop was when injured or destroyed. 25 C.J.S.

The market value of the crop, the market value of the probable crop, without the injury of the destruction or damage, at the time of maturity and circumstances bearing on the probability of maturing the crop in the absence of injury are also factors for consideration.

New Crop
Where a new crop is planted after the old one has been destroyed, the person inflicting the injury is entitled, in the measure of damages, to credit for the profit on the new crop, that is, the value of such new crop less the cost of producing, gathering and marketing it.

Perennial Crops
Where a perennial crop is destroyed, the measure of damages is the difference in the value of the land with the growing crop and its value after the destruction thereof. Proof of the value of the perennial crops destroyed to the land for the purpose of occupancy is proper.

You may have a cause of action against a pesticide applicator or crop duster who has damaged or destroyed your crop under the Washington Pesticide Control Act which reads in relevant part:

(b) If any of the claims made for pesticide or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition for a pesticide differs from its composition as represented in connection with its registration.

It Shall be unlawful
(c) for any person to use or cause to be used any pesticide contrary to label directions or to regulations of the director if those regulations differ from or further restrict the label directions. RCW 15.58

The Washington Court of Appeals, has held that appropriate measure off a damaged crop was loss of productivity, that is, the dollar value of fruit production of trees destroyed during time orchard owner lost the production, less the dollar value of foreseeable cots of production. Penney Farms v Heffron 24 Wash.App. 150

The purpose of awarding damages for injury to property in tort actions is to place the injured party as nearly as possible in the condition in which he would have been had the wrong not occurred. Wilson v Brand S Corporation 27 Wash.App 743. Damages for injury to property in tort actions are not precluded because they fail to fit some precise formula. Id.

Please contact one of the attorneys for Reinig & Barber to discuss your case. You can be confident that you are selecting attorneys that will respond to your concerns and maximize your settlement potential.

Reinig & Barber Law Firm
114 A Vista Way
Kennewick, WA 99336
Telephone (509) 509-735-0535
INJURED@RBlawoffices.com

* The firm has received the highest rating "AV" by Martindale-Hubbel. The "AV" rating indicates very high to preeminent legal ability and very high ethical standards as established by confidential opinions from members of the State Bar.

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