Who can I Sue!

ixwood

Sorry about your condition.

Lots of people get condensation which would lead to mould. You have to open windows, use dehumidifiers, improve ventilation etc.

Did you not notice the condensation or mould? I assume it must have been quite bad to have health implications? How long were you living in the mouldy house?

I can't see anyone else being liable personally, but I could be wrong.

Billnorthumberland

Dear Pickshoes,

The trickle vents that were fiited to each window are 50% smaller than they should be to comply with building regulations and the windows don't comply with British Standards in any why, shape or form. The Developer dosn't have third party liaibility insurance and its a limited company so no hope of getting suitable compensation from him.

I'd like to think I could sue this window manufacturer but I hve no direct cntract with him, only the developer.

Bill

ihatecaptcha

Billnorthumberland wrote: »

Robert,

Would you like to have COPD and have your life shortened by 10 years plus because you are guilty of buying a retirement bungalow.

I accidentally hit the "Thanks" button instead of the "Quote" button. Just to make it clear that I wasn't "thanking" you for your post. I think it's very misguided. You don't know what disease you've got or who you want to sue. Don't you think that might be an indication that you haven't thought this through very well?

Have you been diagnosed with COPD or with "Farmer's Lung"? They don't seem to be the same thing. Farmer's Lung can apparently be caused by mould but usually it's mouldy hay or straw, hence the nickname. The correct name is extrinsic allergic alveolitis, according to an occupational health site at http://www.ohtoolkit.co.uk/topic.asp?issueId=3&issueName=Inhalation%20disorders&topicId=20&topicName=Introduction

Extrinsic allergic alveolitis is caused by breathing in certain organic materials, commonly fungal spores. Alveolitis is the inflammation of the alveoli by an allergen. Symptoms usually start a few hours after exposure, with flu-like symptoms: fever, fatigue and shivering. As the disease progresses, the sufferer experiences breathlessness and develops a cough. Continued exposure can lead to chronic symptoms and fibrosis of the lungs. ‘Farmer’s lung’ is a type of extrinsic allergic alveolitis and is caused by inhaling dust or spores from mouldy hay, grain or straw.

COPD is not an allergic condition. You can read about it on the same web page.

I don't know why I'm wasting my breath saying this, but I'll say it anyway. The important thing for your health is not to waste your time, money and spirit trying to find somebody to blame, but to concentrate on removing the cause of your breathing problem. If you smoke, you need to stop. If you've got mould, get it attended to and improve the ventilation. I'm guessing you've never been a coal miner, lol.

People get sick. Usually it's not their fault. Join the club. Stop looking for somebody to pay you money for being sick.

pinkshoes

Billnorthumberland wrote: »

Dear Pickshoes,

The trickle vents that were fiited to each window are 50% smaller than they should be to comply with building regulations and the windows don't comply with British Standards in any why, shape or form. The Developer dosn't have third party liaibility insurance and its a limited company so no hope of getting suitable compensation from him.

I'd like to think I could sue this window manufacturer but I hve no direct cntract with him, only the developer.

Bill

It's still the developer at fault here though, as it was his responsibility to select the correct windows. It's also not your fault he doesn't have 3rd party liability insurance, so why not just sue him anyway?

I still think you may be clutching at straws here, and in the long term, it might just be easier to concentrate on living rather than have the stress of suing someone and getting no where.

Can you honestly say you've never smoked, never been in a smoky environment, inhaled dust, been in a dusty environment etc... along with all the other known causes of COPD? If it could be proved that you were subjected to ANY of these, you would be shot down in court and end up massively out of pocket.

Many windows don't have vents. Houses are vented in other methods i.e. dehumidifiers, opening windows.

I'm very sorry you have this condition, but I honestly believe that you are wasting your time trying to pursue this, and should concentrate on managing your condition instead, and living life.

Optimist

Billnorthumberland wrote: »

Dear Pickshoes,

The trickle vents that were fiited to each window are 50% smaller than they should be to comply with building regulations and the windows don't comply with British Standards in any why, shape or form. The Developer dosn't have third party liaibility insurance and its a limited company so no hope of getting suitable compensation from him.

I'd like to think I could sue this window manufacturer but I hve no direct cntract with him, only the developer.

Bill

As far as I am aware trickle vents are not a requirement on windows. The requirement is that there is adequate ventilation.

I have night latches on mine which means the windows can be opened very slightly thus providing the required ventilation

If you wish to take it further then you need a solicitor.

chickywiggle

i am sure my house has no ventilation shafts..........well it does.........windows.

My house (rented) had mould on the walls after a few months ........we told the landlord - bit of bleech and a dehumidifier later and voila cleared up........now its back so we will get the dehumidifier out again and it will go again. If i am stupid enough to let it stay there I will get sick - it will be no ones fault but my own.

Did you not get all the appropriate surveys done on your house BEFORE you bought it????
Could you or no one else see or smell the mould?????

KeithP

I imagine the windows could be perfect... i.e. manufactured to all the necessary standards.
Could it be that your developer/builder chose the wrong windows for your situation?

If so, what blame can be attached to the window manufacturer?
He sold to his customer what his customer asked for.

Therefore unlikely to be appropriate to sue the window maker.

One less target to worry about.

Doozergirl

It's true that trickle vents themselves are not a requirement, night latches are fine.

Do you smoke? If you smoke, any claim you make for lung disease is going to get laughed at. What would the cause be? Smoking, which is known to kill people and is responsible for 80-90% of COPD, or some mould caused by a developer's negligence and your inability to open windows?

Not having insurance does not preclude you from suing someone - it might preclude you from getting the cash but I'd be really surprised that your life span has been eroded by 10 years after three years of living in one house with some mould spores. An existing condition might be exacerbated but no-one is going to pay out for the original condition which is likely to have been caused initially by something else.

makapo

Billnorthumberland wrote: »

My health has suffered through no fault of my own and I need to seek compensation from someone.

All advice gratefully received.

Bill

One of the problems with chasing compensation for health problems is that it can have a bad effect on your frame of mind. You end up in a catch-22 where you can't afford to get better because you're afraid it could damage your chances of compensation. Psychologically it makes it harder to get better.

cleo1299

Billnorthumberland wrote: »

We bought a new bungalow 3 years ago from a developer who employed a local builder, the builder went bust last year with £100k of county court judgements against him. At that time I developed breathing difficulties and now have COPD, this was due to mould that was caused by insufficient ventilation from the vents in the windows. The windows have been surveyed and Zurich are now going to have them all changed. The developer doesn't have third party liability insurance so can I sue the window manufacturer as he manufactured faulty goods, even though he sold them to a builder who has gone bust. When we purchased our new home the conveyancing solicitor didn't check to see if the was a local authority completion/habitation certificate, which we later found out that ours is the only home on the development without one; can we sue this solictor under his third party liability or professional indeminty insurance.

My health has suffered through no fault of my own and I need to seek compensation from someone.

All advice gratefully received.

Bill

Two reputable law firms that deal with personal injury claims:

http://www.irwinmitchell.com/SERVICESFORYOU/PERSONALINJURY/ATOZ/Pages/default.aspx

http://www.thompsons.law.co.uk/Workplace-Illnesses-and-Diseases/farmers-lung-personal-injury-compensation.htm

One of them should be able to tell you whether or not you are likely to have a case against anyone for causing your illness.