Chinese Drywall Litigation

No home should be contaminated with Chinese drywall. Litigation, however, involving experienced lawyers who know personal injury law, is an effective means for rectifying this difficult situation. It may be essential, given the costs involved in fixing it.

Chinese dry wall litigation did not exist five years ago because the problem was only beginning to surface at that time. Since 2004, an estimated 100,000 residences (homes, apartments, condominiums) were constructed during a period when demand for American drywall was beyond what domestic manufacturers could produce. American distributors looked to China to fill the demand. But something happened in manufacturing or shipping that brought a product unlike that made in America.

Who is responsible for the tainted dry wall? Is litigation likely facing them? Consider the number of parties and the legal complexity involved:

  • Chinese manufacturers. While these firms are the likely source of problems associated with drywall, litigation with firms in China historically has failed to produce settlements for plaintiffs.
  • Shipping companies. If the problems can be tied to the shipping process, there may be reason to pursue dry wall litigation with shippers. But no such evidence currently exists.
  • Building supply companies. More likely, the companies that imported and sold drywall to homebuilders will be held liable for the products they sold.
  • Homebuilders. Developers and construction companies whose enterprise chose to use drywall from China are also likely targets for litigation.
  • Your home insurance company. Some homeowner insurance companies have argued that damage to property and health are due to environmental contamination, and that their policies do not cover that category. But the sulfuric gases are from the home itself, reason those firms may be found liable.

Pursue remediation through Chinese drywall litigation

Clearly, with such complicated scenarios it is up to the homeowner to pursue remediation of the property. And the costs will not be small. Consider first the property damage, which at the very least involves a complete replacement of all dry wall. There is some indication that because gases given off the tainted wallboard are absorbed by other parts of the house, those components may need to be replaced. This includes all wiring, copper piping, air conditioning units and other parts of the structure. Under some circumstances, the home may need to be demolished.

Human health is perhaps an even bigger concern. Children, the elderly and household pets seem most sensitive to respiratory ailments, nausea, headaches, fatigue, skin rashes and other short-term conditions. The longer-term effects are equally distressing; however specific maladies are not yet fully tied to the tainted wallboard. One research scientist has suggested that the several different types of sulfuric gases may combine to have an effect not yet understood.

Contact us for help

An aggressive approach to litigation may be essential. 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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