If a pesticide is applied and the wind carries it off-target, is the applicator liable?

The applicator is liable for off-target pesticide drift because they are responsible for ensuring the safe and responsible application of the chemical. This includes taking appropriate precautions to minimize the risk of drift, such as checking weather conditions and following label instructions. If the pesticide is carried off-target by wind, it indicates that the applicator may not have fully controlled the application process or adequately assessed the situation, leading to potential harm to non-target organisms or the environment. The principle of liability in this case is rooted in the applicator's duty to apply pesticides in a manner that prevents unintended consequences, regardless of their intent or precautions that may have been taken. Therefore, liability is applicable in this scenario, as it reinforces the importance of responsible pesticide use and adherence to regulations.