Not all injuries are physical: sometimes your finances, your emotional stability, and the soundness of your home can be negatively impacted by another’s carelessness even if you yourself are not physically harmed. This is often the case when a homeowner discovers (to his or her horror) that his or her home has termite damage. Once termite damage has occurred, it can cost a homeowner a sizeable amount of money to repair the damage and rid the house of these pests.
If you find yourself in the unfortunate position of discovering termite damage in your home, you may be wondering if someone else is to blame for the infestation. The answer may surprise you.
Failure to Disclose Infestations and Damage
If you recently purchased a house and the seller of the house did not disclose to you that there was termite damage, you may have a legal cause of action against the seller. In order for you to have such recourse available, though, it must usually be shown (1) the termite damage or infestation was present before you purchased the house; (2) the seller knew or should have known about the damage or infestation; and (3) the seller deliberately hid the fact of the termite damage or infestation from you. Proving elements (1) and (2) may require expert testimony who can review the size of the infestation and/or extent of the damage and render an opinion as to the age of the damage.
Negligent Inspection and Treatment of Infestations
Sometimes sellers may not disclose termite damage or infestations because, although these existed in the home at some point, the seller believes he or she took care of the problem by calling a pest control company. When infestations or damage reappears, it may be difficult to show that the seller should have known about the infestation in order to hold the seller legally responsible for your termite infestation-related expenses. Â Other times, even where the Seller legitimately did not know about the infestation, you may be able to recover against the pest control company that failed to discover the infestation while conducting the wood infestation inspection required by your mortgage company prior to your closing on your home.
A pest control company must comply with certain rules and regulations in order to operate in the State of South Carolina. The company and its employees must use care and skill in inspecting a client’s property and applying an appropriate treatment to kill any active infestations and/or prevent new infestations from occurring (depending on the contract with the client). When the pest control company performs its duties in a shoddy or haphazard manner, that company may be later found responsible for the homeowner’s damages and losses.
Contact a Greenville Termite Damage Attorney Today
David R. Price, Jr., P.A. knows that the “injuries” caused by termite infestations are real and significant, even if no one is physically injured. He aggressively pursues compensation from the responsible parties when termite damage is discovered in your home. Contact his office today for a free consultation in order to discuss your termite damage case. Call (864) 271-2636 today for assistance with your case.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.
