Reasonable noise is not legally a nuisance, even though it may be irritating. Successful defense is possible when you can show that noise wasn't the cause of injury or damage. In this case, both the applicator and owner may be liable. When the other pesticides are applied, a 2,4-D contamination can seriously injure the site. The manufacturer may make a mistake in labeling, formulating or refilling a container.
Laboratory tests can show whether contamination occurred during mixing and filling or earlier.
In cases of herbicide contamination, it is difficult to prove whether the cause was vaporization during storage or manufacturer error. The courts must decide who is to blame. At the time of application, always write the location and date on the label of the pesticide container. Also record the lot number in case cross-contamination does occur. You should keep detailed records of every application.