Procedure for making liability claim against landowner or pesticide operator
- investigation of report of loss
- claim procedure not waiver of governmental immunity
Source:
Section 634.172 — Procedure for making liability claim against landowner or pesticide operator; investigation of report of loss; claim procedure not waiver of governmental immunity, https://www.oregonlegislature.gov/bills_laws/ors/ors634.html.
Notes of Decisions
Brief delay in notifying adjoining landowner of damage to crops allegedly resulting from adjoining landowner’s spraying of pesticides did not bar injured party from seeking recovery of damages from adjoining landowner. Bella v. Aurora Air, Inc., 279 Or 13, 566 P2d 489 (1977)
Spraying of pesticide which was isopropyl ester of 2, 4-D constituted “abnormally dangerous” activity, and imposed liability for damage to nearby crops without proof of negligence. Bella v. Aurora Air, Inc., 279 Or 13, 566 P2d 489 (1977)
Provision of this section requiring notice of actions against pesticide operators within 60 days from date claimant discovered loss occurred was not constitutionally impermissible discrimination against class of which claimant was member. Knight v. Reforestation Services, Inc., 56 Or App 865, 643 P2d 880 (1982), Sup Ct review denied
Plaintiffs who notified Oregon State University extension service agent of damage from spraying did not substantially comply with requirement to report loss to Department of Agriculture but question whether representations of defendant’s insurance adjuster estop defendant from challenging adequacy of notice presents genuine issue of material fact for jury to decide. Malaer v. Flying Lion, Inc., 65 Or App 154, 670 P2d 214 (1983)
Defendant public utility was not “pesticide operator” under ORS 634.006 when applying pesticides in maintaining its own facilities, and plaintiff’s failure to comply with report of loss procedures of this section did not bar plaintiff’s claim. Vierra v. Clackamas County, 96 Or App 196, 772 P2d 1346 (1989), aff’d, 309 Or 243, 785 P2d 757 (1990)
Prohibition against State Department of Agriculture making certain determinations in course of investigation does not prevent introduction of findings as evidence in civil action. Holbrook v. Precision Helicopters, Inc., 162 Or App 538, 986 P2d 646 (1999), Sup Ct review denied
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