Langan v. Valicopters, Inc.

The Langans (plaintiffs), organic farmers barred by their association from marketing crops with more than 10 percent of the FDA-permitted pesticide residue, had their tomatoes and other crops contaminated when a Valicopters (defendant) helicopter, hired to spray a neighboring farm, began spraying while still over the Langans' property; though the pesticide residue level was below the FDA tolerance, it exceeded the organic association's stricter threshold, forcing the Langans to destroy their affected crops. The jury, instructed on strict liability, awarded the Langans $5,500, and Valicopters appealed.