Termite lawsuits are relatively common, particularly in the Florida region due to our area’s heavy termite activity. These disputes typically arise when pest control companies fail to honor their service bonds or falsify inspection reports.
If you believe your exterminator did not keep their word or they acted deceitfully, you should call a termite lawyer. Our team can help you understand the common reasons for litigation and the potential challenges we could encounter.
Typical Reasons for Termite Litigation
There are a number of reasons why you and your termite lawyer would move to sue a pest control company. Here are the four most common:
- Breach of Contract: Homeowners often sue when a pest control company fails to uphold the terms of an annual service agreement or “Termite Bond.” For example, it refused to pay for repairs after a warranty breach.
- Fraud and Deception: Lawsuits frequently target companies that perform sham treatments. For example, spraying an insufficient amount of chemicals and falsifying paperwork to make it appear your home was fully treated.
- Improper Chemical Application: You may seek damages for property destruction or health hazards caused by the negligent or illegal application of pesticides. For example, ignoring product labels or violating state pesticide safety laws.
What Evidence Do You Need to Sue a Termite Company?
To successfully sue a termite company, you must prove they were negligent, failed to perform duties properly, or committed fraud. Building a case requires a few steps, including:
- Preserving the Scene: Take photographs and videos of mud tubes, active swarms, discarded wings, and structural damage. Do not repair the damage or destroy the evidence before having an independent inspection.
- Gathering Documentation: Collect your original contract/bond, proof of treatment and inspection records, as well as three quotes from licensed contractors to repair the damage. Make copies of all emails, letters, and call summaries between you and the company regarding your complaints.
- Securing Expert Testimony: A report from a secondary, certified pest control professional verifying that active termites have been present for a long time or that previous treatments were improperly applied would bolster your claim.
Defensive Strategies to Challenge Your Case
Winning a termite lawsuit could be complex. Pest control companies often have legal teams ready to deflect blame. They may use common tactics, such as arguing that:
- The damage was already there and predates the current service contract.
- Conditions, like leaking faucets or wood touching the ground, voided the homeowner’s warranty.
- The damage is a maintenance issue rather than a structural failure.
Now Is the Time to Call a Termite Lawyer
Unfortunately, many standard homeowner insurance policies exclude termite damage. This is why affected homeowners must pursue litigation against the negligent parties to recoup the heavy financial losses of repairing structural timber.
At Fasig | Brooks, we build long-term relationships because our clients are like family. Let’s connect over your termite issue, and let us champion your rights.
