An exterminator recently sprayed around our residence with Lambda-Cyhalothrin. Prior to doing so, we were not warned of the extreme danger posed to aquatic life from this insecticide. After application however this information was brought to light by our own research.
http://www.cdpr.ca.gov/docs/emon/pubs/fatememo/lambda_cyhalothrin.pdf
PAGE 81 section 5.1
Pyrethroid - Wikipedia, the free encyclopedia
Many additional sources site the same information.
The problem is this, the exterminator sprayed no more then 3' away from an obvious aquatic environment. Lucky for us at the time containing no fish. After speaking with the manufacture "Syngenta". We have came to the conclusion that there is no possible way to ensure a 100% removal of this chemical from the incidentally over sprayed surfaces. Thus the equipment is no longer safe for aquatic usage and we are out around $25000-30000 to replace it.
Needless to say we feel that the exterminator failed to inform us of its toxicity to aquatic life prior to application. Additionally we feel they are accountable for not take the proper measures to ensure no incidental contact was made with the aquatic equipment.
We understand that the burden of proof is upon us. We are in the process of sending samples away to a testing laboratory to confirm that in fact Lambda-Cyhalothrin did come in contact with the aquatic surfaces.
From a legal stand point, are we merited to file a civil lawsuit for damages incurred? If so do we stand a reasonable chance to win a settlement? Would it be advisable of us to seek legal representation "we are based out of Ohio".
Any suggestions are greatly appreciated.
Best regards,
John
http://www.cdpr.ca.gov/docs/emon/pubs/fatememo/lambda_cyhalothrin.pdf
PAGE 81 section 5.1
Pyrethroid - Wikipedia, the free encyclopedia
Many additional sources site the same information.
The problem is this, the exterminator sprayed no more then 3' away from an obvious aquatic environment. Lucky for us at the time containing no fish. After speaking with the manufacture "Syngenta". We have came to the conclusion that there is no possible way to ensure a 100% removal of this chemical from the incidentally over sprayed surfaces. Thus the equipment is no longer safe for aquatic usage and we are out around $25000-30000 to replace it.
Needless to say we feel that the exterminator failed to inform us of its toxicity to aquatic life prior to application. Additionally we feel they are accountable for not take the proper measures to ensure no incidental contact was made with the aquatic equipment.
We understand that the burden of proof is upon us. We are in the process of sending samples away to a testing laboratory to confirm that in fact Lambda-Cyhalothrin did come in contact with the aquatic surfaces.
From a legal stand point, are we merited to file a civil lawsuit for damages incurred? If so do we stand a reasonable chance to win a settlement? Would it be advisable of us to seek legal representation "we are based out of Ohio".
Any suggestions are greatly appreciated.
Best regards,
John