Orlando Termite Damage Lawyer

Skilled Tampa Termite Damage Attorney

A termite infestation is more than an inconvenience. It can mean serious damage to your home as well as placing financial and mental strain on both you and your family. If your home has termites, your pest control company failed to do what it was supposed to do. The treatment applied properly would prevent termites from continuing to enter your home. An Orlando termite damage lawyer can look at your bond and determine the level of liability.

An Attorney Who Focuses on Termite Issues

Campbell Law, P.C., was founded by Thomas F. “Termite Tom” Campbell and focuses specifically on termite litigation. For homeowners, the firm takes on termite-related issues, such as disputes about termite bonds, pest control services, resulting property damage, and denied claims.

Termite Tom boasts of winning more than $300 million for clients. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

Understanding an Orlando Termite Damage Claim

A homeowner might initiate a termite damage claim after noticing signs of infestation despite paying for professional pest control for years. A remodeling project may expose termite activity, or a technician may first notice signs during a regular visit. Damaged wood may suddenly become visible, leading the homeowner to contact the pest control company with the expectation that the termite bond is going to resolve the problem.

However, the company may respond in a way that the homeowner didn’t expect. The company may deflect blame by pointing to moisture issues, building conditions, wood touching the ground, your supposed failure to follow their advice, or a specific exclusion within the termite bond. Those factors may contribute to the issue, but they do not necessarily resolve the dispute by themselves or explain it in full.

The history of the property is also relevant. The pest control company that handled the home’s inspection and treatment for years might have documentation detailing technician observations, their proposed solutions, and whether the company maintained its assurance of property protection. A subsequent denial should be understood within this framework, not as an isolated incident.

Florida’s Termite Warranty Rules Apply

Orlando is no stranger to termite issues. In 2023, the city was ranked #8 among the top cities in the United States for termite infestations. There are more than 2,000 species of termites across the world, with 40 of them in the United States that are active.

Florida’s statutes have specific rules for warranties for wood-destroying organisms treatment. Florida law mandates that the initial page of a termite service contract must specify if it includes repair and re-treatment, just re-treatment, or offers no warranty whatsoever.

It must also specify any disclaimers, limitations, conditions, and exclusions that are in effect. If those restrictions are present, then the terms “full” or “unlimited” cannot be used with “warranty” or “guarantee.”

Florida Statutes § 482.226 also requires certain inspection and treatment records. Essentially, the licensed professional is required to provide a signed report to the property owner when under any covered agreement. This report should detail the detection of wood-destroying organisms and whether treatment was applied. This helps homeowners to know what a pest control company knew and the work they performed.

Moisture and Conducive Conditions

The term moisture can become an important word in a termite claim denial. A company might cite a plumbing leak, drainage problem, high humidity, or something else, claiming the homeowner fostered conditions favorable to termites.

However, moisture does not automatically answer whether the company did their due diligence, and it does not absolve them from responsibility. If a technician had already inspected the property before the damage surfaced, their records might reveal if the company noticed the issue and if they communicated its potential impact on termite protection to the homeowner.

The pest control statutes in Florida acknowledge that dealing with termites and other wood-destroying organisms constitutes a unique type of regulated pest control. In addition, the statute makes a distinction between inspections and treatment, and between warranties and the conditions they are subject to. The company cannot defer to conducive conditions every time there is a problem, but they must also consider the documented work and bond.

Preserve Evidence Before Making Repairs

When homeowners uncover termites or have a claim denied, they should refrain from trying to handle the problem on their own. Homeowners attempting do-it-yourself fixes might inadvertently disturb the termite galleries, affected materials, or treated spots. This can destroy or alter the evidence that is necessary in determining the origin of the infestation.

When sections of walls are removed, damaged wood is replaced, or other alterations are made, pinpointing the precise extent and location of the initial damage becomes harder. Photographs and videos should be taken before the property is changed whenever possible.

When infestations are treated, they should not only be treated where they are active. When a professional treats a space, they should do the work to determine how termites are gaining access to the home. A spot treatment may temporarily reduce visible activity without actually addressing the underlying entry route.

Keeping good records is also an imperative part of termite damage cases. Homeowners ought to keep hold of the termite bond, any renewal paperwork, inspection findings, treatment history, bills, pictures, electronic correspondence, text messages, and the pest control company’s written refusal. Given Florida’s specific termite damage laws, record-keeping and treatment details, these documents become even more critical in a Florida termite dispute.

Hire a Termite Damage Lawyer

When a homeowner hires a termite damage lawyer, the legal issue can be more complex than the simple fact that termites were discovered while the bond was in force. The lawyer can meticulously check the bond to uncover the exact protection promised by the pest control company, and then contrast that with the company’s inspection and treatment track record.

An Orlando termite damage attorney can formulate a legal argument and decide how the dispute needs to move forward under the bond. If the matter needs to go to arbitration, counsel can present the evidence and challenge the company’s interpretation of its obligations within that proceeding. In the event litigation becomes unavoidable, the attorney is equipped to present the necessary claims and pursue the appropriate legal remedies.

Litigation may be heard at one of the local courthouses. The Orange County Courthouse is located at 425 N. Orange Avenue, Orlando, Florida 32801. The courthouse is part of Florida’s Ninth Judicial Circuit, where civil court proceedings are held among the courthouse’s various divisions.

Contact Termite Tom for Your Claim

If your repair company did not uphold their responsibilities and you have an ongoing termite infestation, Termite Tom can help you hold the responsible party accountable. Contact us today for more information.