When In-Home Services Lead to Injury
When you invite a professional company into your home, you expect that the services provided will be up to industry standards and completed in a manner that improves your quality of life, instead of detracting from it. Unfortunately, these endeavors can go terribly wrong when the service provider acts in a negligent manner or uses harmful products. When this occurs, an experienced attorney can help your family secure the compensation you deserve.
CNN is reporting about a 10-year-old boy whose health was allegedly affected during a termite fumigation process. According to reports, a company went into a Florida home to treat for termites. They were reportedly instructed to stay away from the home for two days. Upon returning, the family alleges that they began experiencing illnesses, such as vomiting. While the parents and a daughter reportedly recovered, the son allegedly grew more ill.
According to CNN, the boy has been hospitalized for approximately two weeks, with 90% loss of his motor skills. Doctors also diagnosed him with traumatic brain injury and he reportedly cannot move his left extremities. The Florida Department of Agriculture and Consumer Affairs announced an official investigation, along with the Environmental Protection Agency (EPA) and Florida Department of Health. The subcontractor that performed the fumigation is reportedly under a stop-work order from the state.
Determining Liability in Florida
When the services of a business cause injury, the victims may pursue a civil liability claim through the courts. One type of claim falls under the theory of product liability. This occurs when the utilized product is defective or dangerous and causes harm to a user.
The responsible parties under a product liability claim may include:
The product designer – This liability applies when the design of the product causes it to be inherently dangerous.
The product manufacturer – This liability applies when the product was assembled incorrectly or manufactured using defective parts.
The wholesale or retail seller – This liability may apply when the product is marketed improperly or mislabeled. Liability may also apply if insufficient instructions or inadequate safety warnings are given at the point of sale.
If your claim is aimed at the service provider and not the product itself, your claim may also fall under a negligence theory. To prove damages, you must prove four elements:
Duty – The service provider must owe you a legal duty to act in a specific manner;
Breach – The defendant breached the legal duty through actions or by failing to act;
Damages – You were injured or harmed; and
Damages – The defendant’s actions caused your injuries.
Liability cases can prove challenging. Success requires a significant amount of evidence and the knowledge to adequately present it to the courts. A knowledgeable attorney is valuable to this process.
If you or a loved has been injured by a company’s services inside your home, call The Pawlowski//Mastrilli Law Group in Tampa at 813-242-4404 for a free consultation. Their experienced attorneys can provide you with aggressive representation to secure the compensation your family deserves.