Regardless of where you live, you have the right to reside in a home that promotes safety and good health. In some cases, however, you make that momentous home purchase or rent a home that is contaminated in some manner. You should understand that your ability to be compensated for your damages depends on many different factors, and that even though you can prove that harm as been done, knowing who is responsible for doing that harm can be a complex issue. Whether you accidentally moved into a home contaminated by the manufacture of crystal methamphetamine or where the soil in your yard was tainted with heavy metals, you do have the right to sue the negligent party, so read on to learn more.
Who Should Be Sued?
The answer is not always as obvious as you might think. For example, if you find out that the home you just moved into is slowly poisoning you and your family, you might immediately want to file suit against the former owner, the real estate agent, the home's owner, or the property management company. While it is possible that any of those parties, and more, could be held responsible, just as often they cannot be sued since their actions don't meet the standards.
In this case, it would have to be shown that the accused party knowingly sold or rented you that home that was contaminated, or that they should have known about it. In most instances, the responsibility to research the former occupants is in your hands, unless you asked the right questions and were lied to about any contamination issues in the home. If you can go back to the source of the contaminant, such as a city water supplier, you then may have a clear course of action to file suit for those high lead levels. You may still have a long road ahead to prove that the defendant knew about the contaminant and never warned anyone about it, however.
Who Should Pay the Damages?
In clear-cut cases covered by state and federal laws, the guilty party is usually ordered to clean up the mess and make amends to those harmed, but for the smaller individual cases it can be more difficult to get justice. For example, you may have a more difficult time getting a homeowner to clean up a mold growth problem and reimbursing you for medical expenses for the harm caused to your asthmatic daughter. You may be forced to break a lease, move out, and deal with the outcome without any help from the guilty party.
As soon as you know that you and your loved ones have been impacted by a contamination issue, talk to a personal injury attorney, like one from Fitzsimmons & Vervaecke Law Firm. In the mean time, make sure that you seek medical care and keep good records.Share
15 March 2017
Ten years ago, I was injured in a car wreck while commuting to work. When a driver rear-ended my car, I hurt my back. Unfortunately, I had to undergo a couple of weeks of physical therapy. Even after receiving physical therapy, my back never felt as good as it did prior to the wreck. Have you been injured in a car wreck recently? Consider talking with an experienced accident and personal injury lawyer. This type of attorney can help you decide whether filing a lawsuit is your best course of action to take. On this blog, I hope you will discover the benefits of speaking with an accident and personal injury attorney soon after getting injured in a car wreck. Enjoy!