Tampa Termite Damage Lawyer

Trusted Tampa Termite Damage Attorney

Discovering a potential termite infestation is no laughing matter. Not only do they cause property damage, but they can also cause long-term financial and mental damage. The pest control company did not do its job if you have termites. If a company applied the treatment that it promised and did so correctly, you would not have termites entering your home. A Tampa termite damage lawyer can help you seek the compensation you need from the party responsible.

Tampa homeowners may find termite activity in communities across West Tampa, Hyde Park, New Tampa, Carrollwood, and areas near the Hillsborough River. Florida’s warm weather means termites are active all year, and with Tampa being coastal, it’s part of a larger area in the state where multiple invasive subterranean termite species have taken hold.

A Law Firm Dedicated to Termite Cases

Campbell Law, P.C., is a law firm founded by Thomas F. “Termite Tom” Campbell. This firm concentrates on termite-related legal battles, assisting homeowners with issues concerning termite bonds, pest control providers, property harm, and rejected termite claims. Termite Tom has won more than $300 million for clients in termite litigation. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

Understanding Florida Homeowner Warranties

Florida law has unusually detailed requirements when it comes to warranties for treatment against wood-destroying organisms. According to Florida Statutes § 482.227, a termite treatment contract must clearly indicate on its initial page whether it covers repair and re-treatment, only re-treatment, or offers no warranty or guarantee.

The contract is required to outline any relevant disclaimers, limitations, conditions, and exclusions. If limitations are present, the law forbids employing terms such as full, limited, guarantee, or warranty.

These specifications carry considerable weight when it comes to termite bond coverage in Florida. A homeowner may have a memory of buying a comprehensive termite warranty, while the written agreement could include disclaimers and limitations on the company’s duty to repair.

Florida law also requires pest control companies to be licensed. While Florida law creates an overall framework for termite litigation, the specifics of the case depend on the unique factors of each individual situation.

Understanding Conducive Conditions

Sometimes a pest control company may cite conducive conditions as the reason for the termite damage. This means that conditions were favorable for a termite infestation. While this may have some truth to it in every case, this may not be the full picture.

Moisture is a common concern that arises after termites are discovered. A company may claim that water intrusion, drainage issues, wood-to-soil contact, or some other condition allowed the termites to reach the structure.

It is not necessarily a question of whether the condition existed or not. A more thorough examination considers if the company was aware, if the technicians made notes, if the homeowner received notification, and what the company later told the homeowner regarding the property’s termite defense.

This becomes particularly significant if the company had already checked the property several times before finding the damage. A condition that does not appear in the inspection history until the denial letter may have a different meaning when technicians had noted it previously without explaining why it would limit the effectiveness of the termite protection. For this reason, it’s important to understand the language of the bond before accepting a denial.

Preserve the Property First

Termite damage is projected to cost homeowners $5 billion in property damage every year, affecting around 600,000 homes. Termites are also predicted to cause an estimated $30 billion in damage to crops and manmade structures each year, with households spending an average of $3,000 on restoration costs.

After discovering a termite infestation, it’s natural to want to handle the issue right away by yourself. However, do-it-yourself treatments should not be performed on termite infestations. Don’t attempt such termite treatments, as doing so might alter or erase evidence that could be key in a disagreement with the company that previously serviced your home.

Noting where the termites were active, what wood was damaged, the presence of mud tubes, where treatment occurred, and other physical clues can all shed light on the reality of the infestation. Destroying or removing materials, or applying a product before that condition is documented, can make it more difficult to evaluate those items later.

For these reasons, it is highly recommended that you let a professional treat your termite infestation. A professional response to an active infestation also requires more than treating the immediate location where the termites were found. The professional must figure out how the termites are entering the structure based on how the home was built. Treating only the visible location does not necessarily address the underlying point of entry into the building.

Hire a Termite Damage Lawyer

If you have discovered termite damage to your property, it is imperative that you hire a termite damage lawyer right away and do not perform any improvements yourself. A Tampa termite damage attorney can look at the evidence and analyze whether or not you have a viable claim. A lawyer can determine if the pest company’s denial is a direct result of the bond’s stipulations, or if an exclusion is being overextended.

The legal issues surrounding those details can vary depending on the promises of the company. A bond that promises re-treatment creates a different dispute than one that promises repair and re-treatment. The way a court examines an exclusion for a defined condition differs from how it views a general declaration of the company’s non-responsibility for the damage.

If the case proceeds to arbitration, legal counsel can contest the repair company’s side of things. They can explain termite damage laws to you and inform you of how they apply to your particular case. The goal is to determine what protection the homeowner acquired, what the firm was supposed to do, and whether its performance met those expectations.

If your case proceeds to court, Termite Tom can represent you in the legal proceedings. Your case may be held at one of the local courts, including the George E. Edgecomb Courthouse, which is the Thirteenth Judicial Circuit courthouse for Hillsborough County, at 800 East Twiggs Street, Tampa, Florida 33602.

Termite Tom Can Help With Your Claim Needs

Campbell Law, P.C., focuses on termite litigation, advocating for Florida homeowners dealing with termite bonds, property damage claims, denied claims, and arbitration.

With over $300 million recovered for clients, the firm has developed its termite law practice by focusing on the legal and technical challenges presented by homeowners alleging that their termite protection company failed them. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

Termite Tom can help you if this is your story. Contact us today for a consultation.