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You wouldn't just have to have some cross-pollination, it would have to successfully retain whatever the desired trait was (say "roundup ready"
... then you would have to "accidentally" kill off all of your non-modified crop ("oopsie... I just sprayed roundup on my crops by accident" ... then you would have to intentionally harvest what remained and use it for seed.
There's no plausible chain of events that would cause that to happen by accident.
In actually believable scenarios (some small percentage of your crop is cross-pollinated and you treat it just like any other part of your crop)... there's no way that they would be able to sue you.
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