You have the right to live in a safe and healthy environment, free of toxic contamination. Regardless of your location, how much your home is worth or who you are, it is never okay to live in fear of experiencing permanent damage to the health of you or your family. Property contamination is an unfortunate, but all too common, occurrence. From unknowingly moving into a "meth house" to being provided bad water, you must stay ever vigilant to ensure your health and well-being. When you are affected by any type of contamination, there is the potential to make the negligent party pay for it. Read on to learn more.
Identify the negligent party
Once you realize that something is poisoning you and your family, it may be a challenge to find the guilty culprit. Your first impulse may be to strike back at the previous homeowner, real estate agent or your landlord. Unfortunately, going this route is seldom very successful. To form a case (a cause of action) against one of those parties, you must be able to show that they knew about the contamination (or that they should have known about it) and failed to inform you about it. While difficult to do, it may be possible to find proof that the previous or current owners knew about it.
You may also run into problems with the real estate company and the previous owner of the home if you have recently purchased the home. In most cases, it is up to the potential buyer to understand what they are buying, and you likely signed a release or disclaimer stating that you will hold those parties "harmless" in the event of an issue. Of course, any known defects or contamination must be revealed.
In many cases, you would have better luck locating the source of the contamination, be it the city or a business, and pursuing a suit against them. You must prove that either negligence or carelessness on the part of the business or government entity caused your family to suffer from a contaminate.
Who mitigates the damage?
Identifying the negligent party is only part of the issue; in some cases, the courts don't have the power to order a clean-up of the contamination, regardless of proof of liability. In most cases, state and federal law covers the details of who is responsible and how it must be addressed, but in all cases, you should not expect a quick or efficient cleanup procedure.
Taking legal action
As soon you realize the extent of the contamination and its affect on you and your family, speak to a personal injury law firm. You will require specialized legal help to deal with contamination lawsuits. Keep detailed records of all medical treatment, communications with all parties and estimates of clean up costs or other mitigation methods. You can be eligible for many forms of money damages, so take action today.