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

The applicator is considered liable because they are responsible for ensuring that the pesticide is applied correctly and in a manner that minimizes drift to off-target areas. This responsibility includes assessing wind conditions and taking necessary precautions to mitigate the risk of pesticides being carried away from the intended application site. Even if precautions have been taken, the applicator can still be held accountable if the pesticide reaches unintended areas, as liability typically extends to any environmental harm or damage caused by their actions.

In the context of the other options, while taking precautions can certainly help in defending against claims, it does not absolve the applicator of responsibility if a drift incident occurs. Labeling it as an accident might suggest that it was unpredictable and unavoidable, which may not necessarily apply if there were still risks that should have been mitigated. The mention of severe circumstances implies a threshold that does not fully address the general liability that exists for pesticide applicators under most conditions.