California Indoor Air Quality and Sick Building Syndrome Litigation Attorneys
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.
**Please note, our law firm does not handle these cases. This article is simply to provide information to people about uninhabitable conditions. Unfortunately, we have no referrals for you. To find an attorney that handles such cases however, we suggest you look on Google in your area for a "landlord tenant" lawyer. Good luck. We wish you success in resolving your situation.
Defendants in California Indoor Air Quality Litigation
Occupants are filing suit in California against owners, owners against insurance companies and contractors, contractors against suppliers, and victims of the poor indoor air quality against everyone for their personal injuries. Poor indoor air quality can lead to Legionnaires’ Disease, cancer, allergies, asthma, bronchitis, conjunctivitis, dermatitis, influenza, pneumonia, Pontiac Fever, Tuberculosis or other serious diseases and health problems.
Plaintiffs in California Indoor Air Quality and Sick Building Syndrome Litigation
Plaintiffs in air quality litigation can include warehouses converted into office buildings, mixed-use developments, retail space, gyms, restaurants, bars, condos, and offices, retail shops and other spaces located next to restaurants, cigar shops, beauty salons and any other type of business that can produce noxious odors. They can also include manufacturing facilities, assisted living centers, hospitals and other medical facilities, jails, schools and courthouses.
Indoor Air Quality Litigation Causes of Action in California
Lawsuits in California can be brought on theories of product liability, on California Proposition 65, construction defect, improper design, construction or maintenance of the heating, ventilation and air conditioning system, dangerous materials, breach of contract, breach of express or implied warranty, breach of warranty of fitness for a particular purpose, real estate non-disclosure, indemnity, negligence, strict liability, and other causes of action.
While adverse noxious odors and temperature problems causing business interruption are easily identifiable in cases involving construction and maintenance defects, proving causation in personal injury suits in California indoor air quality litigation can be more problematic. Knowing how much formaldehyde and other Volatile Organic Compounds are contained in carpets, furniture and construction materials, however, manufacturers of these materials are becoming more worried about such litigation.
Damages in California Indoor Air Quality Litigation
Damages can range from cleanup costs, remediation, partial or total evacuation of a sick building and even complete reconstruction as a result of bad indoor air quality. Damages can include costs of moving, damages to furniture and fixtures, and loss of profits from business interruption.
Insurance Issues in California Indoor Air Quality Claims
There can be insurance coverage issues due to pollution exclusion clauses, or if the insurance policies of defendants were “Claims made” or “Occurrence” policies. There are health causation issues in personal injury claims and other defenses may be raised by the defense in such cases. Any Commercial General Liability insurance policy involved must be examined closely for coverage issues and costs of defense.
Choosing the Right Attorney for Indoor Air Quality Claims and Lawsuits
A building owner, contractor or business seeking to make an indoor air quality claim or wanting to file suit against the parties causing them to be damaged should look for an attorney with experience in real estate, construction law and insurance litigation. A condo owner should additionally seek an attorney with homeowner association experience. Persons injured by working in a sick building or living in a home or condo with indoor air quality problems should look for a lawyer who specializes in personal injury but who is experienced as well in real estate, construction law and insurance litigation.
With offices in Orange County’s Newport Beach and Palm Desert in the Palm Springs and Coachella Valley area, the Law Firm of Sebastian Gibson provides exceptional legal representation to businesses and individuals throughout California and internationally in the areas of personal injury, insurance, toxic exposure, auto, truck, motorcycle, pedestrian and bicycle accident cases, dog bites and wrongful deaths.
Sebastian Gibson has been named one of the Top Lawyers for the past five years by Palm Springs Life and has a perfect 10.0 “Superb” rating.
We also practice insurance law, business, corporate law, contracts, entertainment, copyright and trademark law, international law, book publishing, modeling, real estate, construction law, indoor air quality litigation and Homeowner Association law.
**Please note, our law firm does not handle these cases. This article is simply to provide information to people about uninhabitable conditions. Unfortunately, we have no referrals for you. To find an attorney that handles such cases however, we suggest you look on Google in your area for a "landlord tenant" lawyer. Good luck. We wish you success in resolving your situation.
By The Law Offices of R. Sebastian Gibson, California
Law Firm Website: https://www.sebastiangibsonlaw.com
Call (760) 776-1810
Law Firm Website: https://www.sebastiangibsonlaw.com
Call (760) 776-1810
ABOUT THE AUTHOR: R. Sebastian Gibson
Sebastian Gibson has been named as one of the Top Lawyers the last 9 years running by Palm Springs Life Magazine. With dual law degrees in California and in Great Britain, and experience in both the U.S. and U.K. With offices in Palm Desert and Orange County, the law firm provides legal services in the fields of personal injury and wrongful death, insurance litigation and insurance defense, toxic exposure, real estate, construction law and homeowner association law. We also practice business law and represent corporations, international insurance companies and handle a wide variety of contract and trademark matters.
Copyright The Law Offices of R. Sebastian Gibson
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.
