If I live near a farm and they are using pesticides that were banned in the 1980’s and I ended up getting CDD (childhood disintegrative disorder), can I sue them?

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If I live near a farm and they are using pesticides that were banned in the 1980’s and I ended up getting CDD (childhood disintegrative disorder), can I sue them?

Asked on July 23, 2015 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Violation of a law banning the use of certain pesticides establishes negligence.

You can sue the farm for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would include compensation for your medical bills, compensation for pain and suffering which is an amount in addition to the medical bills based on the medical reports which document the nature and extent of your injury and compensation for wage loss.

Compensation for the medical bills is straight reimbursement.

Compensation for pain and suffering is an amount in addition to the medical bills.

Compensation for wage loss is straight reimbursement.

Unrelated to your lawsuit, the authorities should be informed of the illegal use of banned pesticides by the farm because criminal charges could be filed against the farm.


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