What liability is there for a company whose genetic modifications make their way into originally non-modified crops?
<p>Assume that a company has created genetically modified crop plant. A farmer purchases some seed from this company and plants this seed in his field. Somehow, that genetic modification <a href="https://en.wikipedia.org/wiki/Horizontal_gene_transfer" rel="nofollow">jumps species</a> and gets picked up by crops in neighbouring fields whose owners do not want this particular modification. Assume that this causes an injury-in-fact.</p>

<p>What liability would the company have to the injured owners?</p>

<p>Maybe, but it is not an easy thing to do. See <a href="http://www.supremecourt.wa.gov.au/_files/Judgment%20Summary%20-%20Marsh%20v%20Baxter%20(CIV%201561%20of%202012)%2028%20May%202014.pdf" rel="nofollow">MARSH v BAXTER [2014] WASC 187</a>. To be successful the plaintiff would need to prove a failure to observe a duty of care (which would be difficult if regulations on GM crops had been followed) and some actual damage flowing from it.</p>

damages agriculture