Their three babies were “ghostlike and listless” with breathing problems that required respirators, trips to the ER and, for one child, the maximum steroid dose that a toddle can take. Mr. Holt experienced kidney problems.
The solution: Costly remediation which can top 10's of thousands of dollars.
I am currently handling a matter wherein my clients bought a foreclosure property which had previously been used to cultivate marijuana. The humidity required to cultivate the marijuana caused severe mold problems throughout the house and, of course, the mold problems have caused health problems for my client.
In California, disclosure laws are such that person or entity (i.e., bank) selling or renting the property must advise you that the house you’re about to purchase was used as a drug lab under the following circumstances:
In the event that toxic contamination by an illegal controlled substance has occurred on a property and upon receipt of a notice from the Dept. of Toxic Substances Control (DTSC) or other agency—or if the seller has actual knowledge of the toxic contamination—the seller must disclose this information to the buyer by checking item II.C.1 of the TDS form and attaching the DTSC notice, if there is one.
In the case of rental property, the landlord must give a prospective tenant written notice of the toxic contamination. Providing the tenant with a copy of the DTSC notice will suffice if there is such a notice.
Therefore, if you find yourself in a situation where your property is contaminated by an illegal controlled substance and you were not given notice of the contamination, you may have a cause of action for, among other things, Fraud, Failure to Disclose Material Facts, Breach of Contract, Intentional Misrepresentation and/or Negligence and may be entitled to recover for your property damage as well as any physical or emotional injury that you and your family may have suffered. Who may be responsible? Who can you sue? The seller, real estate broker, real estate agency, title insurance company, inspectors and the list of responsible parties goes on and on.
Clandestine Drug Labs and Removing Toxic Waste by Karen Lotter
Cleanup of Clandestine Methamphetamine Labs Guidance Document Colorado Department of Public Health and Environment
National Institute on Drug Abuse: Methamphetamine Facts
Methamphetamine Abuse: Hurts More than Just the Addict: Methabuse.net
Methamphetamine Abuse Recovery Chat Room: KCI- The Anti-Meth Site
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