Expert: Morgan Smith - 8/24/2011

Question
I wonder if you can tell me in what direction I should go next.

Months ago, I called a pest control co. to evaluate, what is biting me.  I have multi doctor appts. Pest control inspector, said bed bugs, I was almost hysterical at the thought.  He said, they must tent my house.  I called my family immediately to come help me sort this out.  He presented me with a blank agreement.  I said, I never in my life signed a blank ....  He told me I must vacate the home immediately and take nothing with me.    I gave him a deposit and I signed the blank agreement form.  

After the tenting, in a few weeks I was still getting bit.  For months I called them and they said, my house was fine, no BBs.

I continued to go to doctor who said bug bites.  I asked for the furmigation team's log report on my house and I also received the label for Vikane, the gas they used.

It turns out they fumigated my home for termites 7.9 lbs (1X)  , the Vikane label says, BBs are 3 X the strenth as termites.

I went on the Dow chemical website (they are the 100% supplier of vikane). It confirmed (3X) the strength.

I have now vacated my home and living with family.  I have another pest control company coming today to make a sweep of my house with identifying equipment.  I can continue . . ., do you think I may have any recourse, if today they find BBs.

I paid them a lot of money to tent the house and I am still in misery.

thank you for any information you may give me.

Eliz

Answer
Dear Eliz,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about contracts, particularly breach of contract by your opponent, the "pest control co".

I suggest that you bring the contract between you and the pest control co to your lawyer, along with your medical bills, the estimate from the other company, etc.  Sue for breach of contract and negligence in your local court.  If you follow your lawyer's advice and do a good job of things, I think that you should recover the contract price, plus any related expenses you incurred after they failed to use the proper amount of product for your problem.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law