What to do if our neighbor’s pesticide has damaged our property?

We share a pond with a new neighbor. He has recently poisoned the pond with a broad spectrum herbicide that has killed the life in the pond and caused us damages to our cows and garden we water. It is an approved herbicide. Can we get a lawyer to sue for civil damages on a percentage basis or do we have to pay a lawyer up front to sue? We have a written statement that he twice put the herbicide in our shared pond of one acre that we have used water from for 6 years.

Asked on September 21, 2012 under Real Estate Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Certainly, if your neighbor deliberately or carelessly applied/used the pesticide in a way that caused you economic losses, you could sue to recover those costs. The statement you describe should help in you any case. As to how a lawyer would charge you--that's up to the lawyer. Some lawyers would only take this case on an hourly basis, with a large retainer up front; others may take it on contingency (a percentage). You should not feel bad about "shopping around" for an attorney whose economic arrangements work for you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.