Contrary to popular belief, Californians spend a majority of their time indoors. Consequently, we are exposed to a lot of different pollutants in the air. The EPA estimates that our indoor home environment can be up to 200 times as polluted as the outdoor environment. One of the leading causes of indoor pollutants is water damage.
Construction litigation arising from water damaged environments typically involves an element of personal injury, personal property damage as well as repair costs (depending on whether you are an owner or a renter). With the rise in new construction over the last 15 years, developers and contractors often take short-cuts or do shoddy work in order to maximize profits. This can lead to problems with roofs, stucco, landscaping, foundations, plumbing, irrigation and drainage. The developer and its subcontractors can be liable for your damage.
The most common theory of liability against a developer or contractor is strict liability. California courts have consistently recognized a homeowner’s right to sue a developer of mass produced homes for strict liability. Under this theory, a homeowner merely needs to show that the defect existed. This is important. Unlike a negligence theory, strict liability does not require the homeowner to prove that the developer or contractor breached some duty. The mere existence of the defect is enough.
When confronted with a construction defect case related to water damage and mold, the homeowner may be able to recover the following damages:
- Personal Injury
- Personal Property Loss
- Costs of Repair
- Loss of Value in the Home
- Emotional Distress
- Investigative Costs
- Damage to Credit
- Lost Wages
- Other Out of Pocket Expenses
Damage to your most precious asset is serious cause for concern. Just because your homeowners insurance may have covered some of your loss does not mean you cannot get reimbursed by the developer. Don’t let another day go buy living in a home that is nothing more than a lemon. Call an experienced construction defect mold lawyer today. We have a trusted group of construction and medical professionals that will assist with getting your life back on track. Developers and contractors have big law firms on their side. Put the experienced lawyers at Thompson Wedeking on your side. Since 1976, we have been helping homeowners all over Southern California recover for construction defects related to water damage and mold. Call us today at 619.615.0767 or email lead construction defect trial lawyer Anthony D. Thompson at firstname.lastname@example.org.