On August 3, 2017, a Maryland County circuit court overturned a county-wide ban on lawn and garden pesticides utilized on private property. The lifting of the ban thrills the professional landscaping community as they argue that the pesticides used are approved and licensed by the state.

Montgomery County enacted the ban in 2015, which was scheduled to become effective at the beginning of 2018. It banned the use of pesticides on private lawns, but excluded agricultural land, gardens, and golf courses.

While landscapers may argue that pesticides are perfectly safe, plenty of other industry experts argue otherwise.

What Constitutes a Pesticide

Pesticides are chemicals that are used with the purpose of keeping away a variety of pests and insects, as well as mold and weeds. The EPA even acknowledges there is some risk associated with their use.

“By their very nature, most pesticides create some risk of harm. [They can cause harm to humans, animals or the environment because they are designed to kill or [harm]…living organisms.”

Pesticides can also affect wildlife and your pets if they are exposed.

How You are Exposed to Pesticides

Pesticides are used in so many places, you may not even be aware of all the ways you have been exposed. Pesticides may be found in products like:

• Food and water, including well water
• Lice, tick, and flea treatments
• Cleaning products
• Cosmetics like toothpaste and deodorants
• Play equipment at schools and parks
• Golf courses
• Insect repellants

Symptoms and Impact of Chronic Exposure

The symptoms of pesticide related illness can run the gamut from minor discomfort by mild poisoning up to and including death in severe poisoning cases. Some symptoms to watch out for include:

• Mild Poisoning: headache, fatigue, nervousness, weakness, dizziness, nausea, diarrhea, loss of appetite, skin irritation, irritation of nose and throat, and more
• Moderate Poisoning: Nausea, diarrhea, excessive saliva, stomach cramps, muscle twitches, no muscle coordination, mental confusion, blurred vision, difficulty breathing, rapid pulse, flushed or yellow skin, and more
• Severe Poisoning: Fever, intense thirst, vomiting, uncontrollable muscle twitches, pinpoint pupils, unconsciousness, convulsions, and inability to breathe

Long term, low-dose exposure to pesticides can lead to chronic diseases, including brain tumors, lung cancer, prostate cancer, breast cancer, non-Hodgkin’s lymphoma, birth defects, learning disorders, asthma, other respiratory diseases, and more. Increases in autism in children and Parkinson’s disease in older people are believed to be related to pesticide exposure, as well.

What to do if You Think You are Sick from Pesticides

If you become ill from pesticide-related exposure, call the Poison Control Center immediately at 800-222-1222. If your pets or livestock are sick from pesticide exposure, contact your local veterinarian, emergency animal clinic, or the National Animal Poison Control Center (NAPCC).

Legal Ramifications of Pesticide Exposure in Maryland

When pesticide exposure results in illness or long-term health issues, Maryland law allows victims to seek legal remedies through personal injury claims. These cases typically fall under toxic torts, which involve exposure to hazardous substances due to another party’s negligence. Whether exposure occurred at home, work, school, or in public, victims must prove that the responsible party failed to follow safety standards or knowingly used harmful chemicals without proper warning.

Under Maryland law, plaintiffs in pesticide-related cases may pursue compensation for medical expenses, lost wages, pain and suffering, and in some cases, future health complications tied to long-term exposure. The case may even evolve into a mass tort or class action if multiple individuals in a community suffer similar symptoms due to a common pesticide source.

Challenges in Proving Pesticide Injury Claims

Successfully pursuing a pesticide-related injury claim can be difficult due to the complex nature of proving causation. Victims must show a direct link between their health condition and the pesticide exposure. This often requires:

• Medical documentation confirming a diagnosis consistent with pesticide-related illness
  
• Expert testimony from toxicologists, epidemiologists, or medical professionals
  
• Environmental reports or lab results showing the presence of harmful chemicals at the site of exposure
  
• Documentation showing the manufacturer, applicator, or property owner failed to provide warnings or follow regulations
  

Because the symptoms of pesticide exposure often mimic those of other illnesses or may take years to develop, having strong legal representation is essential in building a successful case.

Common Sources of Negligence in Pesticide Use

Several parties may be held liable for pesticide-related harm, depending on the circumstances:

• Landscaping Companies – Failure to follow safety procedures, over-application of pesticides, or ignoring manufacturer guidelines can result in dangerous exposure to nearby residents or workers.
• Property Owners or HOAs – Improper storage, misuse, or application of banned substances on residential or commercial properties may create health risks, particularly if neighbors or tenants were not informed beforehand.
• Schools and Daycares – Children are particularly vulnerable to toxic exposure. Administrators may face liability if pesticides are used without proper precautions on playgrounds, athletic fields, or indoor spaces.
• Manufacturers or Distributors – The manufacturer may be liable under product liability laws if a pesticide is defective, lacks adequate warning labels, or contains harmful ingredients that were not disclosed.

Protecting Yourself and Building a Strong Claim

Anyone who suspects pesticide exposure should take the following steps to protect their health and their potential legal claim:

• Seek immediate medical attention and request documentation of all symptoms and test results
  
• File a report with local health authorities or the Maryland Department of Agriculture
  
• Preserve any evidence, such as pesticide containers, photos of treated areas, or receipts from services
  
• Avoid additional exposure and document any lost income or medical bills
  
• Consult a personal injury attorney experienced in environmental or toxic tort claims
  

A proactive approach protects your health and helps ensure that your claim is supported by substantial evidence if legal action becomes necessary.

Contact a Maryland Personal Injury Attorney

Pesticide-related illness is a serious issue, and it is a reportable condition in Maryland. If you or a loved one sought medical treatment for pesticide-related exposure, it is important that you contact an experienced Maryland personal injury attorney. Long-lasting effects and latent health issues can develop so you need to protect yourself and minimize any health risks. Please contact the Law Office of Robert R. Castro today at (301) 804-2312 to schedule a free consultation.