What liability is there for a company whose genetic modifications make their way into originally non-modified crops?

Question

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 jumps species 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.

What liability would the company have to the injured owners?

Answer 1

Maybe, but it is not an easy thing to do. See MARSH v BAXTER [2014] WASC 187. 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.