Should we file suit for getting poisoned after fumigating our home?

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Should we file suit for getting poisoned after fumigating our home?

We had our home fumigated for termites and 2 days later we were permitted to return. We contacted the fumigator a couple hours after returning complaining that our eyes were burning. They stated that it was from the tear gas they used to remove the poison, that it was normal and we just needed to open the house. We did that, but the burning continued. Then 2 days later my wife woke up in the middle of the night and could not breath. We took her to the emegency room and she was admitted for 88% oxygen absorption. She remained over night and was diagnosed with chemical bronchitis.

Asked on August 22, 2012 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your wife can sue the fumigation company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable fumigation company would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit, it may be possible to settle the case with the fumigation company's insurance carrier.  When your wife completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports and documentation of wage loss.  Her personal injury claim filed with the fumigation company's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If she is dissatisfied with settlement offers from the  fumigation company's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the fumigation company.  If the case is settled with the fumigation company's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the fumigation company's insurance carrier, your wife will need to file her lawsuit for negligence against the fumigation company prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.


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