Lecture #13 | Insects and Civil Law

Civil Litigation

The process of resolving disputes by filing or answering a complaint through the public court system

Trial

litigation pursued in a court with a judge and/or jury

Arbitration

an unbiased arbitrator guides parties to a fair settlement.

Participants in litigation

1. Plaintiff

2. Defendant

3. Litigator

4. Arbitrator

Plaintiff

Person or entity claiming harm and who initiates lawsuit

Defendant

Person or entity that is accused of casing harm

• person being sued

Litigator

Trail lawyer representing either party and who advocates for their client

Arbitrator

Official appointed to settle a dispute

Principle areas if litigation in forensic entomology

1. Urban

2. Stored Products

Urban forensic entomology

1. Nuisance: Insects interfere with employment ir use of property

2. Personal Injury: insects harm human/animal health

3. Structural damage: Insects damage homes or structures

Stored products forensic entomology

1. Stored food: insects damage stored food including packaged food

2. Sanitation: insects result in unsanitary conditions

Nuisance

Occurs when the use and enjoyment of one’s own property is obstructs because of the actions of another person or entity

Fly nuisance

-- House fly (Musca domestica)

– Little house fly (Fannia canicularis)

– Stable fly (Stomoxys calcitrans)

– Blow flies (various species)

Source of fly nuisance

• Confined animal feeding operations (CAFOs)

• Landfills, compost, sewage treatments, crop fields

• Urban waste/ pet waste/ trash cans

Entomologist: Determines the species of fly involved through field surveys and identifies breeding sites.

Mosquito Nuisance

• produced in non-moving fresh water containing algae or other microorganisms lasting for > 7 days (minimum egg-adult period)

• source: standing water like untended ponds or pools, poorly drained construction sites, agricultural irrigation

• Entomologists determines the species and investigates breeding grounds

• Can contribute to personal injury, as mosquitoes are large vectors for disease

Bee Stings

Can be very aggressive when defending hive

• result can be anaphylaxis to bee stings

• can be a form of personal injury in civil law

Entomologist

• determines species responsible → have different aggression levels

• source of origin

• review the management practices of a beekeeper through looking for appropriate signage and proper hive maintenance

Rodent/Bird Mites

Mite species feed primarily on rats, mice, or birds and are usually found in the nests of these animals

Entomologist:

• Identifies the type of mite species to see what type of infestation is present

• Determines source like active rodent and birds nest

Species that contribute or personal injury

1. Mosquitoes → Disease

2. Bee Stings

3. Rodent/Bird Mites

4. Bed Bugs

Bed Bugs

feed on people and pets at night, then hide during the day so they can be hard to detect until many bugs are present

• can be a point of personal injury

Inspection guide: Check all furniture, inspect the bed, check baseboards, ceilings, corners, luggage racks

Termites

A major cause of structural damage even before they are discovered

• in many parts of the US a termite inspection is

  required/advised before selling a home

Pantry Pests

A major source of food product damage

• While infestation of packaged food products (cereals, flour) may occur prior to packaging by a food company or while shelved at the grocery store, the infestation most often occurs in the home.

Blister Beetles and Animal Feed

A major source of food product damage

• Some plant feeding beetles in the beetle family Meloidae (blister beetles) produce a defensive toxin that is poisonous if touched or consumed.

• Blister beetles in hay can kill your horse

Cockroaches

Often associated with sanitations

• nocturnally active and hide during the day. They can acquire pathogens from contact with food waste and move those pathogens to food that will be consumed.

Entomologist determines if the cockroach was from the restaurant or brought inside and falsely claimed to be there