There are approximately 600,000 homes damaged by termites in the US every year. And according to Orkin, residents spend billions of dollars to control and repair these damages annually. Some even hire pest control companies just to get rid of the infestation, but still, damages remain.
But after everything is already done, can you sue a pest control company for this mistake?
Homeowners often miss crucial points of their contracts, which affect their rights to get reimbursed. So, how specifically is their responsibility to be understood?
Let’s talk about the specifics and your options.
Understanding Pest Control Company Responsibilities
It is a must for the specialists to carry out very deep inspections and find any possible signs of infestation. They should provide you with a detailed treatment plan, like a manual on how they are going to protect your house and prevent any further trouble. You must always be informed of the process. Most importantly, you must also know the expected results.
The job of pest control companies is to get rid of the pests in your home. In this case, termites. Part of their job is to ensure their method is effective in a safe way.
Trust is built with knowing how your pest control professionals do their job effectively. They must also ensure that your home doesn’t lose its quality and keep its safety.
Factors Influencing Liability for Termite Damage
There are several things that affect who is responsible for termite damage, but making them clear can make claims go more smoothly.
- Make sure you understand the contents of your contract with the pest control company. What are the methods they will use in their services? Did they promise to do regular treatments or inspections?
- Take into account the order of events. Did you report the termite signs right away? How long it took the company to answer and what they did after you told them about it are also important.
- If you’ve made changes to the house or haven’t kept it up, these things may affect your liability.
- There may be some overlap between the requirements for pest control and the rules that apply in your area.
In a scenario where a pesticide doesn’t work because of a problem with the way it was made, incorrect instructions, or safety issues that the company didn’t tell you about, both the pest control company and the company that made the product could be held responsible for the damage to your property.
According to product liability lawyer Laura Sharp, people who suffer injury or fatality by defective products may be able to get more than just the product replaced as compensation.
If you knew about these things, you would be better able to decide if your claim is valid and also know where to get help from other people in your area as you try to reach a settlement.
Evaluating Negligence and Breach of Contract
A pest control company is hired and you would expect the company to prevent infestations, but if they act the opposite, such as ignoring the industry’s guidelines or poorly executing the treatment, the company might be held liable.
In this instance, the pest control company neglects the contract by not following through on its end. One possibility is that the company regularly skips the tasks listed above, such as the inspections and pest control.
Both negligence and breach of contract can put you in a situation where the party at fault becomes legally responsible.
Legal Options for Homeowners Facing Termite Damage
The first legal action you can take is to call your home insurance company.
There are policies that cover damage from pests. If this policy is breached, or the pest control company fails to deliver what they said they would, you may be eligible to file a claim against them.
What you need is to get adequate proof to support your claim. Take photos of your still damaged home and get your contracts ready. These are pieces of evidence you can use to make your case stronger. A property lawyer can help you stand up for your rights and get the money you’re owed.
Get in touch with local consumer advocacy groups. They can probably give you good advice and help. With their help, you can have choices that can return your peace again.
Preventive Measures and Best Practices for Homeowners
Homeowners can prevent termites and limit damage if they follow the preventive measures and best practices below.
- Make sure your area is dry. Seal off any leaks and ensure that water does not stay in your homes.
- Never place trash, mulch, or wood close to your foundation.
- Check your surroundings frequently for termite infestations. Mud tubes and decayed wood are just a few clues you can check if termites are present.
- Regular checkups are also important. You can arrange for an annual visit from a trustworthy exterminator in your area.
- Choose termite-resistant plants when planting new gardens.
In this manner, you can all cooperate to eradicate the pests.
