Do I have a case? This is the biggest question, and homeowners want to understand if there's any legal basis for pursuing compensation. They are usually interested in details like:
Negligence from professionals: Did a termite inspector miss the infestation? Did a pest control company fail to properly treat the problem?
Fraud: Did a pest control company commit fraud by telling me something that wasn’t true or by failing to tell me what I needed to know to ensure my home was protected?
Previous owner disclosure:Â Did the seller of the property know about the termites and not disclose them?
Building code violations:Â Were there defective construction issues that contributed to the termite infestation?
Who can I sue? Depending on the circumstances, potential targets could include:
Pest Control Company/ Termite Prevention Company
Termite inspection company
Contractor who built the property
Previous owner of the property
How much is my case worth? Homeowners want to know the potential financial gain from legal action, considering:
Diminished value of the property affected
Cost of termite damage repair
Moving, storage, and temporary living expenses
Emotional distress caused by the situation
Possibly punitive damages if the conduct was intentional and malicious
What are the costs and risks of suing? Legal fees, potential for losing the case, and the time commitment are all concerns. Most of these concerns can be mitigated by contacting a law firm like Cochran Bowers PC, which provides free consultations, has successfully handled termite fraud and termite damage claims against the world’s largest pest control companies. Cochran Bowers PC also represents its client under a contingency fee agreement, which means they front all expenses, and you don’t have to pay anything unless they win or settle your case.  Â
Questions about termite damage:
How bad is the infestation? This helps determine the urgency of action and potential repair costs. You'll need help from qualified experts to answer these questions. Cochran Bowers PC works with experts to help homeowners, arbitrators, judges, and juries understand the extent of the damages.
Are my repairs covered by insurance? Homeowners want to know if they can utilize their insurance for repairs or if they'll be solely responsible. Unfortunately, most homeowner insurance policies do not cover termite damages. Therefore, it is important to contact a law firm like Cochran Bowers PC to help you understand your rights and develop the best course of action to get you fully compensated.
What are my immediate steps? This encompasses contacting professionals for inspections, getting estimates for repairs, and documenting the situation. Fortunately, Cochran Bowers PC can take care of these details for you.
Additional questions:
Can I negotiate with the termite control company? Homeowners often try exploring alternative solutions before legal action. Unfortunately, it has been our experience that pest control companies often cheat homeowners during the claims and repair process. This can leave homeowners in a world of hurt.
Are there any government or consumer protection agencies that can help? Homeowners often want to know about resources available to them outside of the legal system. The Alabama Department of Agriculture and Industries regulates termite prevention company, also known as structural pest control companies. 80-10-9 (alabama.gov); See also: https://agi.alabama.gov/pesticidemanagement/programs/professional-services/.
Cochran Bowers PC
2 Riverchase Ridge, Suite 150
Birmingham, AL 35244
205-460-1155
205-790-8882
Disclaimer: This blog post is for informational purposes only and should not be taken as legal advice. Please consult with a qualified attorney for legal advice specific to your situation.