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"Strict" Products Liability Dead in Arizona?
Abuse and neglect is still rampant in nursing homes
Architect Can Be Liable for Economic Loss Caused by Negligence
Arizona Court of Appeals Holds Crop Dusting is Still an Inherently Dangerous Activity
Arizona Court of Appeals Rules Excessive Punitive Damages Unconstitutional
Arizona Legislature "tort reform" statute does not violate State Constitution Separation of Powers
Arizona Preliminary Med Mal Expert Affidavit Requirement Constitutional
Arizona Statute Update
Arizona Supreme Court Announces Guidelines for Notice of Claim in Class Action
Arizona Supreme Court Brings Reason to Notice of Claim Requirements
Arizona does not recognize a first or third party claim for spoilation of evidence
Asserting 5th Amendment in Civil Action Creates Inference of Guilt
Asserting 5th Amendment in Civil Action Creates Inference of Guilt
Attorney Can Be Liable for Malicious Prosecution & Aiding and Abetting
Attorney Malpractice Claim Requires Proving Case Within a Case
Attorneys' Fees Properly Awarded After Voluntary Dismissal
Bar Owner's Responsibility for Drunk Drivers
Bizzare and Dangerous Side Effects of Anti-Nausea Drug
Burns and Burn Injuries
Bush Administration Policies Show Disdain for Consumer Safety - Pre-Emption
Business Interruption Insurance Where Expansion of Business Collapses
Car Dealer's Insurance Policy Doesn't Cover "Customers"
Causation Expert Can Opine on Standard of Care says New Court of Appeals Case
Charter School not State Actor in Employment Matters
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Children face greater harm from medical mistakes
Compulsory Arbitration Sanctions in Arizona Mandatory
Confession to Clergyman Priviliged Even if Wife Present
Constitutional Comparisons with Japan
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Court Interpreter Qualifications For Trial Judge To Determine
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Damages
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Deadly Pacemaker Wires
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Employer's Responsibility for Acts of Employee Part II
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Failure to Attend Arbitration Grounds for Dismissing Appeal
Failure to Warn and Federal Preemption
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Injuries or Death on Someone Else's Property--What is an Invitee?
Insurance Bad Faith
Interest on Judgment Against State
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LED Lights Safer for Bike Riders and Pedestrians
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Medical Malpractice
Medical Malpractice Statute Requiring Affidavit Constitutional
Medical Negligence--Informed Consent
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Negligence--failure to use reasonable care
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New Arizona Case - Expert Affidavit
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New Arizona Case - Governmental Immunity
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Private Arbitration Rules Strictly Enforced
Products Liability
Qualified Immunity from Defamation Claim when Reporting Medical Misconduct
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Scope of Discovery of Expert Bias
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Arizona Court of Appeals Holds Crop Dusting is Still an Inherently Dangerous Activity

Torts—Crop Dusting is Inherently Dangerous Activity

 

Pride of San Juan, Inc. v. Pratt, 548 Ariz. Adv. Rep. 20 (App. Div. I, January 29, 2009)(Justice Norris)

CROP DUSTING IS STILL INHERENTLY DANGEROUS ACTIVITY RENDERING LANDOWNER VICARIOUSLY LIABLE FOR ACTIONS OF CROP DUSTER

 

A landowner hired a crop duster to dust his crops which resulted in his neighbor’s crops being damaged by the chemicals.  The neighbor sued the crop duster and the landowner who hired him based upon S. A. Gerrard Co., Inc, v. Fricker, 42 Ariz. 503 27 P. 2d 678 (1933).  The trial court ruled that the landowner was liable for the acts of the crop duster as a matter of law.

 

In Arizona an employer is not ordinarily liable for the negligence of its independent contractor.  This is so because an employer lacks control over an independent contractor’s work.  There are however numerous exceptions to this rule.  The Arizona Court of Appeals acknowledged in this case that one such exception is when an independent contractor is hired to perform an “inherently dangerous activity.”

 

In Fricker the Arizona Supreme Court held that “because of the very great likelihood of the poisonous dust or spray spreading to adjoining or nearby premises and damaging or destroying valuable property . . . [the employer] could not delegate this work . . . and thus avoid liability.”

 

The Court of Appeals found that an activity is inherently dangerous if the risk of harm cannot be eliminated with due care and the risk is to the person or property of another. Here, although technological advances since 1933 when Fricker was decided significantly improved the activity, made it safer and less likely to cause harm to others, these advances did not “eliminate” the inherent risk of damage to others even if the crop duster exercised reasonable care. As a result, despite the advances in crop dusting technology over the last 76 years Fricker is still good law and a landowner is vicariously liable for the damage caused by a crop duster he hires.

If you or your property have been damaged by another's crop dusting or use of harmful chemicals, contact us, we may be able to help.