April 11, 2013
- 23 Agriculture
- 23k9.2 Pesticides and Herbicides
- 23k9.5 k. Tort Liability.
Trespass analogy is not proper basis to premise decision that pesticide users are not liable for damage to bees on sprayed property, in view of fact that bees are by nature foragers that fly to and from fields wherever there is nectar and pollen and there are no means to keep them from foraging, except for short periods of time, and there is no way for land possessors to prevent bees from entering their property.
Bennett v. Larsen Co., 348 N.W.2d 540 (Wis. 1984)