Interesting Lawsuits

[Cloud Cover]

I thought it might be interesting to start a thread on some interesting lawsuits that have been reported on lately.

Here’s one where in Washington State a smallish farm (only 68 acres) was held liable for $17million USD in damages. The theory of the case is that the farm soil management practices were negligent and created a reckless hazard in a known high wind basin, causing a dust storm that blacked out a busy highway. The result was a serious accident resulting in life altering injuries.
How many times have you seen dust from a farm blow across a highway?

 

[Blackadder1916]

How many times have you seen dust from a farm blow across a highway?

More than once.

Obviously not an unusual occurrence. The unusual is when it has a catastrophic result.

Can a Farmer Be Held Liable if Blowing Dust From Their Field Causes a Highway Accident?

More than 70 vehicles crashed, killing seven people, in Illinois earlier this week when a dust storm quickly reduced visibility. Freshly tilled fields have been blamed for the dust, but are the farmers legally liable for the accident? Experts explain why that'd be a hard case to prove in court.

www.dtnpf.com

Lessons from the sudden, fatal dust storm that caused a 72-vehicle pileup on 1-55

A sudden dust storm caused low visibility conditions that led to 72 vehicles colliding on Interstate 55 in Illinois on May 1. Seven people died, and 37 others were injured.

www.stlpr.org

Talking Points: I-55 Dust Storm | Illinois Farm Bureau

www.ilfb.org

Localized Dust Storm of May 1, 2023

But it happens enough that there are law firms that advertise using it

Are Farmers Liable for Accidents Caused by Blowing Dust?

Can a Farmer Be Sued for Dust Blowing Off Their Property?

Patel Law, PC represents the interests of those who have been in car accidents.

www.patellawteam.com

 

[Cloud Cover]

It’s another reason to practice no-till (where possible). And widrow + ground vegetation covered hi lo hi berm installation. Not sure about the US, but in parts of Canada the various roads and transportation departments offer assistance in mitigating these risks near highways. It is not the same as being held liable for blowing snow, which was the failed defence in some of those cases.

“But for” the farming practices, the dust would not have obstructed visibility etc, etc.
So yes I can definitely understand the theory of the case.

 

[mariomike]

I remember my department paying $10 million to the estate of a single individual for a 30 minute Response Time delay.

That's about $333,333.33 per minute, by my calculation.

The crew was sent for remedial training, then back on 9-1-1 Operations.

 

[Genetk44]

What was there first? The farm or the highway?