Pesticide Manufacturers Seek to Limit Lawsuit Exposure
The legislature is considering legislation that would reduce the financial exposure pesticide manufacturers face in lawsuits where injured parties claim that the pesticides harmed their health.
The immunity bill for pesticide manufacturers puts Iowans at risk. The bill states that a label approved by a government agency is sufficient warning to users of the pesticide that it is safe to use. The bill therefore grants immunity from liability to the pesticide manufacturer against any lawsuit claiming that a person exposed to the pesticide was not warned.
This bill undercuts the right of persons to justice under our legal system where juries make decisions on liability based on evidence. If the evidence shows that the label gives an accurate assessment of the dangers from the pesticide, the jury will find that the manufacturer is not liable. But if the evidence shows that, as many are saying lately, that administrative agencies cannot be trusted, the jury will find that the injured person should be compensated.
It is also important to recognize that it is not just the farmer using the pesticide and who would read the label, who might be exposed to a dangerous pesticide. People who would not have read the label could also be exposed and should not be denied justice because they did not read the label.
Manufacturers know the dangers of their products. They should not be able to hide behind a label that may be the product of lobbying and political pressure on an administrative agency.
The courthouse steps should be open to parties who feel they were harmed by a pesticide. The jury should be allowed to decide if the parties were indeed harmed. That is how the system works. Pesticide manufacturers should not be able to put their thumbs on the scale and deny justice to those who feel they have been harmed.
What you can do
- This bill is ready for a Senate vote. Ask your state senator to oppose SF394 (formerly SSB1051). To look up your senate member, see www.legis.iowa.gov/legislators/senate or to Find your legislator