Home     Law Advice     Insurance Advice     Community    
Dangerous or Defective Products : Click here for useful articles and FAQs for the following drug and medical device hot topics - Fosamax, Seroquel, Trasylol, NuvaRing, Medtronic Sprint Fidelis leads, Stryker Howmedica Hip Implants, Shoulder Pain Pumps
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Dangerous or Defective Products

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-13-2003, 12:19 PM
Junior Member
 
Join Date: Dec 2001
Posts: 14
Question

Help... mold and fungus in school


What is the name of your state? Texas
Recently my sons elementary school was chosen to take part in a "Indoor Air Quality" study based on a huge number of problems ie: leaks in roof and AC/HT malfunctions and student and staff illnesses. The study reveled many problems, high CO2 levels and many types of dangerous fungus's, as well as toxic black mold.
Upon receipt of the results the superintendent decided to act immediately (spring break was approaching) and have a remediation companies crews work around the clock for 11+ days, at the cost of $44,000, rather than wait the additional 8 weeks for school to be out for summer. The findings were obviously that serious.
I have a child who has attended the school for the past 3 yrs. and has had so many sinus infections and complications, has been diagnosed with pneumonia twice in the past 6 months and has been on 6 different antibiotics in the same amount of time. He has been seen repeatedly by his pediatrician, and professionals in the Ear Nose and Throat areas, as well as allergy specialist. Nothings ever been pin pointed as the culprit of his troubles.
In light of the recent school remediation situation I strongly feel I have found the source.
Upon some investigation I have also discovered the besides repeated and costly repairs to the roof and AC/HT systems (over 300 in all over the 3 yrs.) that the school had paid over $2,500 a year and half ago to have "Mold in specific areas of the building checked".
My question is: Obvious knowledge of the problem for a year and a half. The gross over "repairs" and money wasted and/or possibly bilked by someone. The dangerous long term exposure my son (and all the students and staff) experienced amounts to negligence to me. Who was negligent? The school district? The contractors who did the "repeated repairs"? Or all of them?
Thanks much!
Sandy .... in Texas
__________________
SandyinTexas
  #2  
Old 04-13-2003, 03:45 PM
JackSchroder
Guest
 
Posts: n/a
The first thing that you or your lawyer must do is to relate your child's illnesses to the fungus. That should not be too hard, except that by now if the contractors did a good job not much fungus is left to find. So, see a lawyer now, and get him started. He will demand information from the school district and the contractors, and he will also send someone to the school to do a little scraping and scratching here and there in hopes of finding the particular fungus that is responsible. Then he will get all the doctors' records for your child and have them reviewed looking for some kind of diagnostic work that points to the fungus. If those doctors did not suspect fungus (and I doubt if any did) then he will have to have your son examined by someone expert in fungi to determine if that fungus did infect your child. So, your lawyer has a lot of work ahead. Do not try to do this yourself. You will only foul the works. Go to a lawyer now and sign him up. He will do the work right. By lawyer, I mean someone who loves to sue people who allow kids to get hurt. Ask your local bar association for recommendations.
  #3  
Old 04-13-2003, 05:50 PM
Junior Member
 
Join Date: Dec 2001
Posts: 14
Question

Thank you Mr. Schroder.

I would still like to know ~WHO~ would be the liable parties?
The school district? The school officials? And/or maintence and contractors?
Or all the above?
__________________
SandyinTexas
  #4  
Old 04-13-2003, 06:24 PM
JackSchroder
Guest
 
Posts: n/a
Your lawyer will decide that after his investigation. Generally, he will choose as the main defendant the one with the deepest pocket, or the one with the biggest purse. That is likely to be the schools. Then probably the contractor, and how about the contractors who were there three years before? If they can be held in (they'll claim the one year statute lets them out), then they will be in it too.
Don't worry about it. A good lawyer won't miss anyone.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:28 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.