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Last Modified on Mar 05, 2026
Imagine that you have hired a pest control company to take care of a termite problem. They come and complete treatment. Months later, you cut into your drywall in the process of home renovations, only to find an active termite colony eating away at your framing. If you hired pest control and still have termites, they did not do their job. At this point, you may be wondering, “Can you sue a pest control company for termite damage?”
In short, the answer is yes. Homeowners or property owners hire pest control companies to take care of pest problems. They expect that their pest control company is doing the job they hired them to do by following their own protocols to provide effective treatment. If a pest control company acted in bad faith, or if their actions amounted to fraud, you could very well have grounds to file a claim against them.
What Are Termites?
Termites are a common adversary of homeowners and property owners across the United States. They are small insects that live in colonies, similar to ants, and they feed on wood. Unfortunately, that means their food of choice is also our building material of choice, leading to an unpleasant relationship between termites and humans. These insects damage around 600,000 homes in the United States each year.
The most important thing you can do if you believe your termite treatment service has failed you is to call a termite damage attorney. Do not try to treat the problem yourself. You could end up jeopardizing your claim if you damage crucial evidence.
Signs of Termite Infestation
Because termites live either underground or inside wooden structures, their activity in homes and other structures is not always obvious. However, there are some telltale signs that might indicate an infestation. Some of those are as follows:
- Swarms of termites. If you see large numbers of termites on wooden structures in or around your home, that is a sign that you have a problem. Termites tend to swarm during their most active times in the warmer months.
- Termite waste. If your home is infested with termites, you may find piles of small, tan to gray pellets around wooden structures. This is termite waste, called frass.
- Wings. Termites shed their wings, and they tend to leave them in piles around wooden structures they are feeding on. The wings are translucent, and they should all be about the same length.
- Mud tubes. Mud tubes are one of the most telling signs of termite activity. Subterranean termites build tubes out of mud that lead from the ground to a wooden structure. For example, you may find the tubes attached to the concrete foundation of your home, leading from the yard to the top of the foundation.
Termites can be difficult to detect, and signs are often not obvious until an infestation has become severe.
Why Is Termite Damage So Dangerous?
Termites are a serious problem for homeowners and other property owners because they are more than just a nuisance. They cause real structural damage, and they can do so very quickly and without many obvious indicators of their activity. Each year, property owners spend upwards of $2 billion to prevent or treat termite problems.
When termites eat through wood, they remove a significant portion of its mass, leaving it hollow and weak. This can lead to major structural problems as load-bearing wood loses integrity. The worst termite damage can result in the need for extensive and costly repairs, and even structural collapse.
In addition to the direct structural damage termites cause by eating wood, they also make the structures they affect more prone to water damage, which can lead to the growth of mold or mildew inside walls or above ceilings. Mold presents serious health risks, contributing to about 4.6 million asthma cases in the United States each year.
What Do Pest Control Companies Do About Termites?
Pest control companies can address termite infestations or attempt to prevent new infestations through several different methods. Some of these include the treatments listed below:
- Establishing a barrier. Pest control companies often use chemicals to create a perimeter around a house or other structure. These are sprays, often combined with water, that sink into the ground around the house. As they sink into the ground, they poison subterranean termite colonies.
- Laying out baits. Baits are poison reservoirs that attract termites. The termites pick up the bait and then return to the colony, where the poison spreads, eventually poisoning the queen and eradicating the colony.
- Spraying affected areas. Pest control companies also have access to spray products that can be applied directly to areas of termite activity. For example, if there is a colony living in a particular wall, it may be effective to cut into the wall and spray a product behind the sheetrock.
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What Constitutes Bad Faith or Fraud from a Pest Control Company?
Many pest control companies include a warranty as a part of the termite bond you agree to purchase. Usually, they promise that if their treatment is not effective, a retreatment will be provided. They may also promise to repair damage that occurred after their initial treatment. Some infestations are severe and take multiple treatments to fully control.
However, if you hired a pest control company, but they failed to keep termites from damaging your property, they did not do their job properly. Furthermore, if you suspect that the pest control company did not actually adhere to their own terms of service, that alone could be grounds for a claim. You should hire a termite damage lawyer to explain your eligibility to file a claim.
Some examples of how a pest control company could act in bad faith or defraud customers are listed below:
- Incomplete inspections. Termite infestations cause severe damage very quickly, so it is imperative that pest control companies complete a full inspection of the property when they assess treatment needs. Failure to do this could result in a resurgence of the infestation shortly after treatment.
- Concealed damage. Because pest control companies often promise to repair any damage occurring after they have treated a home, they have an incentive to conceal or downplay damage they find during subsequent inspections. This can lead to serious consequences for homeowners, as they cannot repair damage they don’t know exists.
- Improper application. Pest control treatments must be applied according to product-specific instructions. Failure to apply the treatment correctly or missing entire areas can prevent a full eradication of an infestation. This is also a breach of the termite bond agreement because it constitutes failure to provide services as agreed.
- Omitted treatment. In some cases, pest control providers say they have completed treatments when they have not. Employees may do this to save time or avoid disciplinary action if they are behind schedule, but this deception constitutes fraud.
FAQs
How Much Does It Cost to Hire a Termite Damage Lawyer?
The cost to hire a lawyer to seek compensation from a pest control company can vary depending on where you are located, how complicated the case is, your prospective lawyer’s hourly rate, and how much time they ultimately spend working for you. Many attorneys take these cases on a contingency basis, which means that the lawyer receives a percentage of your settlement rather than asking for an up-front fee.
What Damages Can You Recover if You Sue a Pest Control Company?
If you sue a pest control company for bad faith or fraud related to your termite treatment, you can seek damages for all of your financial losses, including the cost of repairs to your home, the cost of alternative treatment, and legal fees. If you had to spend money on hotels or any other incidental expenses because of your infestation, you may be able to recover those losses, as well. PUNITIVE DAMAGES AND MENTAL ANGUISH
Do Pest Control Companies Lie About Termites?
In some cases, yes. Usually, a pest control company would not conceal evidence of termite activity in an initial inspection because they want homeowners to hire them for treatment. However, they may conceal evidence of continued activity after they have completed an initial treatment to avoid spending additional time or resources, even if their initial treatment was unsuccessful or incomplete.
Hire a Termite Damage Lawyer
If your pest control company acted in bad faith or defrauded you when you hired them to take care of a termite problem, you can absolutely file a claim to recover your losses. At Campbell Law, P. C., Termite Tom Campbell is ready to advocate for you. We have decades of experience serving our clients, and we have secured termite arbitration settlements for more than 19,000 clients in Florida, Georgia, Mississippi, Texas, and Alabama. Contact our office to discuss your needs.
