New Orleans Sick Building Syndrome Lawyers
The law firm of Chopin Wagar Richard & Kutcher, LLP is dedicated to protecting the rights of businesses involved in indoor air quality litigation cases. We represent corporate businesses, construction companies and insurance companies who are facing class action lawsuits, toxic torts or mass torts for occupant-related claims of poor air quality issues.
The World Health Organization has identified sick building syndrome as an excess of irritation of the skin and mucous membranes and other symptoms, including headache, fatigue, and difficulty concentrating. The debate on toxic mold and sick building syndrome has become increasingly prevalent in American courtrooms. The causal relationship between sick building syndrome and identifiable health effects is not generally recognized in the medical community. However, in some states the courts and members of the plaintiff's bar have adopted sick building syndrome, as a new approach to overcoming questionable causation. Occupants of poorly ventilated water damaged buildings who cannot establish a causal connection between exposure to any particular contaminant and an identifiable illness have found an avenue of recovery by assertion that their symptoms are the result of sick building syndrome. Causation is based on the theory that if the plaintiff is symptomatic while they work in a water damaged building, then the water damaged building must be the cause of their illness.
Courts that have rejected this type of false logic have recognized that the scientific evidence offered in support of sick building syndrome claims does not meet the Daubert standard of proof. Even where the courts have accepted sick building syndrome claims, the symptoms that are associated with the sick building exposure are limited to lower respiratory, sinus and allergy like symptoms.
Defending sick building syndrome cases requires an understanding of how to attack the proof offered to support the claims and how to investigate the issues that are specific to these types of claims.
We have experience litigating sick building syndrome claims and have worked with clients to resolve the issues related to sick building syndrome claims in a timely and cost-conscious manner. We have also gone to trial and appeal on cases involving sick building syndrome claims. Contact us to learn more about how we can help your case.
Louisiana Indoor Air Quality Lawyer Protecting Your Interests
The difficulty of these types of cases lies in the difficulty of proving whether or not illness was caused by poor air quality or improper ventilation. There is often not enough evidence to indicate one way or the other. Our New Orleans sick building syndrome attorneys work with nationally recognized experts in the fields of toxicology and epidemiology to present an effective defense to mold exposure claims.
One of our attorneys, James J. Bolner, has more than a decade of experience working with toxic tort and environmental litigation cases. As a special assistant to the Louisiana attorney general, he uses his knowledge of environmental law and building codes to pursue exoneration, where possible, on behalf of clients. As a experienced litigator, he is always prepared to take a case to trial, should a settlement be unattainable. He has handled numerous class action suits related to environmental law, and has successfully brought potentially protracted environmental claims to quick resolutions.
To discuss your case of sick building syndrome with a knowledgeable attorney today, please contact our office in Metairie for an initial case assessment.
