Legal Question in Personal Injury in California


We live 25 feet away from a 200 acre construction site. My 1 year daughter is sick from something that is airborne from that site. Her doctor has confirmed that. We are in an apartment complex in a lease. Benzene has been found on the construction site. EPA was called. What are our rights to further investigating this, getting out of our lease to move, and protecting our daughter?

Asked on 4/24/02, 4:40 pm

3 Answers from Attorneys

Patty Lewis Law Office of Patricia Ann Lewis

Re: Contamination

You and your daughter have many rights. If your daughter's doctor has diagnosed the problem to be causally connected to the Benzene, I presume the physician would recommend a move. Thus, you would have good cause to terminate the lease.

Her health and safety are paramount. You must continue to focus on her welfare.

The legal remedies surrounding exposure to a toxic tort will still be available after your move. Contact your lawyer for assistance immediately. Do not wait. Good luck. Patty Lewis . . .

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Answered on 4/24/02, 11:21 pm
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: Contamination

I concur with the response of Ms. Lewis. In addition, you should understand that a good attorney will conduct a thorough investigation in the process of developing and assessing your case. It is imperative that you contact an attorney without delay so that an investigation can commence while the circumstances you have described are still present in the environment. In addition, a good attorney will contact and facilitate relationships with the EPA investigators and monitor events, which will likely improve the investigation and put a human face on the situation for them.

Best of luck and best wishes to the both of you. Feel free to contact my office if we can be of assistance.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332.

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Answered on 4/25/02, 1:30 am
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Contamination

First, you need a doctor to test and diagnose your daughter without any delay. Second, your daughter needs to be treated for her injuries. thrid, you need an attorney to investigate your daughter's injury claim for exposure into toxic chemicals. Lastly, you do have a good reason to break the lease agreement and in the event of lawsuit be the landlord you have numerous valid defenses.

Call your lawyer for investigation of your daughter's toxic-tort claim or call us at (323)782-0099.

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Answered on 4/24/02, 9:50 pm

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