As a result of the home construction boom from 2000-2007 a shortage in drywall and other construction material developed. In response home developer began to look to China for the importation of drywall’s. However, and imported to the United States since 2001 have been deemed by the United States Consumer Product Safety Commission to contain toxic materials that can be hazardous to the general health and safety of home owners. According to the USCPSC Chinese manufactured drywalls may contain dangerously high levels of hydrogen sulfide, carbonyl sulfide, and diethyl sulfide. Since at least 2006 over 500 million pounds of drywall have been imported from Chinese manufacturers to the U.S. If you have reason to believe your home was constructed using Chinese produced drywall there may be a risk or prolonged exposure to toxic fumes resulting in serious lifelong injuries and disability. For possible legal options regarding filing of a lawsuit for recovery of damages you have experienced contact our law firm today. Our team of toxic tort attorneys will be able to determine the best legal course of action so that you can receive the compensation you are entitled to. Common adverse health effects associated with toxic drywall may include:
- Severe headaches
- Chronic Fatigue syndrome
- Cognitive impairment
- Nose Bleeds
- Respiratory Infections
- Other forms of breathing difficulty including – Bronchitis, dry cough, throat irritation
Insurance Denial of Coverage for the Cost of Repair:
The overall cost of replacing Chinese manufactured drywall and repairing the resulting damage can be exceedingly high. As a result many home insurance companies have refuse to cover the loss of homeowners. If a insurance company wrongfully denies coverage then homeowner plaintiff have a right to file for and receive punitive damages for an insurance bad faith claim. Different jurisdiction in the US have different criteria for insurance bad faith claims. Generally coverage under a policy should be construed as a whole and interpreted as broadly as possible; while exclusions must be a narrowly construed as possible. Different exclusion which may be used by insurance companies to deny coverage may include
- Pollution and Contamination exclusions
- Water and flooding exclusion
- Toxic Material and Toxic Mold Exclusion
- Latent defect or inherent vice exclusion
If your insurance provider has wrongfully denied coverage for the cost or repair of a Chinese drywall issue contact our Insurance Bad faith attorneys for a free case review. List of Made in China Drywall manufactures with high levels of toxic emissions
- Knauf Plasterboard (Tianjin) Co. Ltd.
- Taian Taishan Plasterboard Co. Ltd.
- Shandong Taihe Dongxin Co,
- Knauf Plasterboard (Tianjin) Co.
- Taian Taishan Plasterboard Co.
- Taian Taishan Plasterboard Co.
- Shandong Chenxiang GBM Co.
- Beijing New Building Materials
- Taian Taishan Plasterboard Co. Ltd
- Shandong Taihe Dongxin Co
Filing an Lawsuit for Toxic Drywall Injuries:
Toxic tort litigation can be challenging requiring expert legal representation. Generally there are several causes of action possible for plaintiffs who have suffered due to the presence of defective drywalls. Some possible causes of action are as follows:
- Product Liability
- Breach of Contract
- Implied Warranty of habitability
- Private nuisance
- Breach of warranty of merchantability
A toxic drywall lawsuit will attempt to establish that the drywall used was defective because of the rotten odor it emits, the presence of toxic materials and gases, and the erosion and corrosion of metals that can lead to further toxic fumes and materials in the home.
What makes a product defective:
There are generally three was a plaintiff can prove a defective product claim. (1) A Design Defect (2) A manufacturing defect or (3) A Failure to warn of known dangers defect; also referred to a labeling defect. Manufacturing: Manufacturing defects take place when there is a mistake in the manufacturing method, which causes the manufactures good to be different from its intended design. The product will be considered defective when it is different from its original design, even though care was exercised to avoid this issue. Product Design Defects: A design defect takes into consideration the overall design of the product. If the original design of the child baby bathing seat was inherently dangerous and there were alternative and less dangerous designs that could have been implemented without a drastic increase in the cost of the product then in the court of law it can be shown that the product was defectively designed Failure to Warn of Dangers: Manufacturers have a duty to warn consumers of the known dangers from the use of the product. If the manufacturer does not adequately warn of a known risk then it can be held liable for injuries which take place from the product use. If you have any farther questions contact our Defective Product Attorney at the Downtown LA Law Group. We are available 7 days per week.