The remediation trial currently underway in U.S. District Court – with Judge Eldon Fallon presiding – has produced some noteworthy and interesting testimony: the best way to cure a home contaminated with defective Chinese drywall may be to “gut” it. – read on for an elaboration of what exactly “gutting a home” entails.
Not just consumers are closely keeping tabs, however. Manufacturers, construction businesses, and insurance companies are also interested in the results. The focal point of the initial trial is not intended to be one of finding fault necessarily; rather, it is expected to establish and inquire the amount of money needed to fix homes. “Gutting” the homes is what some agencies have suggested.
Seven families from Virginia are represented, and are asking for compensating for the costs/damages they have incurred for fixing problems they allege the defective drywall has caused.
The scientific investigations that have been performed by the CPSC and Environmental Protection Agency (EPA) have primarily focused on the corrosion of metals and toxic gasses/fumes that have been reported from a wide array of states. The CPSC has in fact confirmed a link between corrosion and the presence of Chinese manufactured drywall. According to some, a corollary issue to the noxious fumes may be the presence of humidity. As one industry representative explained, moisture may play a role in speeding up the process of the release of fumes.
Unfortunately, when disaster looms there are generally opportunities for some to profit off of the despair of others. While federal agencies like the Consumer Product Safety Commission, the Environmental Protection Agency, and others are investigating the scientific links to reported health and product issues, another agency has been called upon to inquire into profiteering quick-fix drywall solution promoters. Namely, the Federal Trade Commission has been addressed by some lawmakers seeking to avoid this side-issue.
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In many lawsuits involving product liability claims, harmed individuals can sue an entire chain of supply. The manufacturer of the product is generally at the top or beginning of such a chain. In the case of allegedly defective and/or dangerous Chinese drywall, manufacturers tend to be either based in partly or wholly in China.
It is a time where Americans are growing wary of Chinese imports, which raises the obvious issue of whether U.S. regulations and standards of importation are what they should be. In recent years, the U.S. has seen a flow of products that have been deemed unsafe. The most recent (and perhaps most dire) consumer product to raise such concern is Chinese drywall.
If you suspect your home was built with defective Chinese drywall you are probably quite worried. You do not know where to get relief, who to speak with, or what to do next. This is a difficult position to be in, but you are not alone. In fact, you may be surprised to find out [...]
When foreign manufacturers are part of the supply chain with regard to dangerous and/or defective products, injured Americans often face an onslaught of legal hurdles – namely the question of obtaining the ability to actually bring the defendant under the jurisdiction of an American court.
