Quincy, FL asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida

Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had to have a bronchoscopy to clear my lungs. Until this recent discovery, the onset of my breathing issues has been a huge question to the doctors since otherwise and previously I am a very healthy person. My daughter is also starting to experience the same issues as well as my fiancé. We have tried to contact numerous lawyers for assistance, but no one will help. I know Lowes will honor their warranty and fix the windows, but I need them to fix the damage to the walls from the mold and any further damage found caused by there negligence, along with be held responsible for our health issues. What kind of lawyer will help me and is there ANYONE you can refer me to? I'm helpless at this point.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over the matter in detail, including review of transaction documents, for the lawyer to render a legal opinion, and if you don't understand, to get an explanation that will help you to understand. You may have to pay something for such a consultation. Your inquiry is vague as to whether you have had this type of consultation with one or more attorneys.

Regarding the type of attorney, you are claiming physical injury, so you would start with personal injury attorneys in your area. I suspect that there would be obstacles regarding difficulty of proof of causation and/or transaction documents that have limitations of liability, but these issues are to be analyzed at a consultation. In the event that you don't have a feasible personal injury case, another issue is whether Lowe's and/or its sub-contractor should be liable for the cost of mold remediation - or should you instead make a claim to your homeowners insurance, if any? That would be an issue for a lawyer handling consumer or contract disputes, and the same issues I mentioned above would need to be analyzed. You might or might not find lawyers who handle both personal injury and consumer/contract matters. If not, consult attorneys in each area of law.

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