pesticideCriminal charges were filed on Wednesday, April 28, 2010, against Cole Nocks for his participation in the pesticide poisoning deaths of two young Layton girls, Rebecca and Rachel Toone. Mr. Nocks, 62, faces charges of Class A Misdemeanors of negligent homicide which could result in two years in prison and serious fines.

Who Caused the Deaths of Two Young Utah Girls?

According to a Deseret News report, civil charges are in the process of being filed against Cole Nocks and his employer, Bugman Pest and Lawn Inc., for operating in faulty and negligent manner. Bugman Pest & Lawn Inc. business practices violate the National regulation to create fumigant t management plans for the toxic chemicals used by their business. By law, they are required to provide homeowners with this plan and information of the toxin risk. They are also legally required to return to the home or business and inspect the toxin level in the areas pesticide was applied.

It does not appear that Nocks followed any of these guidelines nor did Bugman require their employees to do so. Nathan and Brenda Toone have the right to file wrongful death claims on behalf of their two deceased daughters, Rebecca and Rachel Toone, and a personal injury claim for their third minor daughter who was also hospitalized with pesticide poisoning. It is important to note that Utah Law designates a limited time frame to file a wrongful death claim. The Toone family is well advised to speak to an experienced wrongful death and personal injury attorney before signing any paperwork or making any decisions.

The Utah Wrongful Death Guidebook:

In Utah, a “wrongful death” occurs when someone is killed through the misconduct or negligence of another person, company or entity. The pain, confusion and trauma involved when a loved one is taken from us is overwhelming. While no one can bring a loved one back or prevent this pain, the wrongful death attorneys at the Christensen law Firm can help you hold the responsible party accountable and obtain justice for your loss.

Attorney Ken Christensen, author of the “7 Biggest Mistakes that Can Wreck Your Utah Accident Case,” is writing a new book for Utah residents entitled “The Utah Wrongful Death Guidebook.”This informative resource takes a delicate and honest approach on how to deal with the aftermath of losing someone you love in a Utah accident including: Utah law, coping with loss, insurance questions, financial obstacles and more. This book is expected to be released in the Summer of 2010. Visit us at www.utahaccidentbooks.com to preorder your FREE copy today.

Hidden Danger: Unregulated Utah Pesticide Companies

According to the Utah Department of Agriculture and Food’s department manager, Clark Burgess, there are only four state pesticide regulators statewide to inspect more than 900 pesticide companies that employ over 2000 Utahans. This should be a major concern for Utah residents, especially those families with small children. The State of Utah also plans to file civil charges against Bugman and Mr. Nocks.

National Implications of the Toone Sisters’ Pesticide Deaths

The U.S. Environmental Protection Agency (EPA) responded quickly to the tragic pesticide deaths of the Utah Toone Sisters by announcing strict regulations for Fumitoxin. This pesticide is banned from being used around homes and have increased the “buffer zones” around non-residential buildings. The EPA has also increased funding for Utah by $70,000 for education and enforcement.

To schedule a FREE no obligation consultation with one of the skilled Utah personal injury lawyers of the Christensen Law Firm, PLLC, contact us at 801.506.0800. Our attorneys will answer your questions regarding Wrongful Death Statutes, Utah Law, and your legal options.

Photo courtesy of Flickr