Virginia Beach couple taking a stand alone February 8, 2010

While many homeowners effected by the Chinese drywall crisis are joining classes (class action suits),  the Pilot Online (Hamptonroads.com, see article here) reported that one couple is taking a stand alone.

A Virginia Beach couple discovered their home was built with Chinese drywall, so defective that the emissions from the sulfuric compounds have caused great damage to appliances.  The family has since moved out of the home.  This family  has taken on insurance companies, lenders, builders, among others.  Negotiations have ensued, but as of yet, little progress has been made. (Instead of being part of the action pending in New Orleans, this particular family is filing in local court).

This particular homeowner has noted that the entities privy to his family’s communication have pointed fingers to others.  After mounting frustration, the family filed suit in the Virginia Beach Circuit Court.  They seek $660,000 in damages (to fix/remediate the home and compensate for expenses incurred).

As we reported yesterday, the first of the Chinese drywall trials in federal court (Eastern District of Louisiana, Multi District Litigation), is scheduled to start February 19, 2010.  That trial though, is only pertinent to the Chinese-owned manufacturer, Taishan Gypsum.

Should homeowners try to take on their cases alone, or obtain an attorney?

This is a question that is ultimately up to the individual homeowner/family, however, some factors to keep in mind when making such a decision include:

• Product liability issues can entail drastic consequences to victims in some situations.
  • For example, previous defective Chinese imports have included instances of dangerous compounds in toys.
  • Since the consequences are great, it may be a good idea to obtain an experienced attorney who has previously litigated or settled product liability matters.
• International matters sometimes require certain procedures that are not normally applicable to cases where only U.S. parties are involved.  Thus they are generally more complicated.
  • For example, some of the defendants named in the Chinese drywall suits are Chinese owned manufacturers.
• Complying with court orders, rules, and guidelines, requires much time and dedication to fully understand and comply with such standards.
  • Most families involved in the Chinese drywall crisis are hard working members of the community.  To represent oneself in a suit and maintain a full time job may prove to be very stressful and inefficient for some.