Chinese Drywall Liability

The challenge of establishing Chinese dry wall liability is significant, and will require a capable Mississippi law firm for most Mississippi residents whose homes are affected by the defective wallboard.

Simply put, the problem is enormous, expensive, threatening to human health, affecting thousands of people—including multiple parties—and the central problem begins in China. A toxic soup of conditions and interests led to the improper use of homebuilding materials and dangerous gases coming from the defective Chinese drywall. Liability will be challenging to establish, but on a certain level there is considerable blame to go around.

To understand the Mississippi Chinese dry wall liability conundrum, it helps to understand the history: There simply wasn’t enough drywall in the U.S. during 2004 through 2007, when the product was imported from China. Much of the demand for homebuilding was natural in the economic real estate boom of that time. But the hurricanes of those years, Katrina in 2005 in particular, placed further demand on supply.

It is unknown exactly why the Chinese drywall is defective. It may have been due to inferior source materials, the manufacturing process or perhaps damage occurred in shipping across the Pacific Ocean. But soon after its arrival, drywall installers reported a rotten egg odor and some respiratory problems. More than 500 million pounds of Chinese drywall was installed in at least 100,000 homes and apartments in that time.

Residents of homes with the defective wallboard experienced personal health distress, with nosebleeds, severe headaches, rashes, and possible damage to the central nervous system, eyesight, the cardiovascular system, eyes, kidneys, liver and skin. Copper pipes, electrical wires, wiring in air conditioners and appliances are visibly and functionally affected by the sulfuric gases coming off the defective dry wall.

Mississippi Chinese Drywall Liability

Who is to blame?

  • Manufacturers: Most to blame, and most difficult to collect from on damages. There is precedence in other defective Chinese product recalls that suggests very little if anything can be recovered from manufacturers.Who will absorb the huge cost?
  • Suppliers: The companies that bought and distributed the product bear responsibility. As insurance on construction goes, suppliers will be responsible outside the policies that more typically cover contractors, subcontractors, developers and their agents.
  • Homebuilders: Quite vulnerable to lawsuits on Chinese drywall, these companies (actually, their insurers) may bear a large portion of the costs.
  • Homeowner insurers: Your homeowner insurance company may try to categorize this as an exclusion. But many legal experts believe it fails to meet such definitions and that they would be disadvantaged in litigation.

Contact us for help

As should be obvious, the homeowner with a Chinese drywall problem needs experienced counsel in products liability and personal injury law. The Ocean Springs, Mississippi law firm of Luckey & Mullins has extensive experience in products liability and toxic mold and is part of the Chinese Drywall Legal Network, a consortium of highly regarded law firms that work on the complex issues surrounding Chinese drywall litigation. For more information, contact us at 888-835-7018.





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