Lawyer meeting yesterday / home invasion - Printable Version
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Lawyer meeting yesterday / home invasion - collateraldamage5591 - 06-14-2008 10:57 AM
I talked to my lawyyer yesterday and in spite of the distrust I have for him, he did make a lot of sense with what he told me about allowing I/C to test my home. He says basically it is a long shot on the I/C's part to find anything and it could backfire on them. He is becoming more interested in learning more about the diseases I have now instead of telling me he don't need to know anything yet. He did suggest getting my home tested beforehand so we would not have any surprises also, so we are looking for companies that do resdential air testing now. We mentioned making them sign a release before they step on our property so if one of them mysteriously falls or hits their head or any other injury I would not be liable for their so called inspectors. It is not the fact that I have anything to hide it is the idea of the whole thing. I am considering inviting the local TV station to drop by also.
>>> Any suggestions that would make it more difficult for the I/C is welcome. I'll list a few of the things I have thought of so far.
1. Signed release as mentioned above.
2.A set criteria of what they are looking for.
3.Where they can and cannot go with in the residence.
4.No sampling of drapes, carpet, etc.
5.Sampling device and any other testing equipment etc. must be sealed and opened with us watching
6.Our lawyer must be present
7.Must be a reputable testing business with credentials before hand so they can be researched.
8.Testing to be done at our convenience.
9.Set time limit for testing to be completed.
10.Person conducting test and their lawyer only and they must stay together at all times.
11.Residence only... no outbuilding inspection
12.No moving of anything to test beneath it.
13.We are allowed to video tape everything that they do.
14.The same testing should be done in the workplace since that is where I spent most of my time.
RE: Lawyer meeting yesterday / home invasion - Lilly - 06-14-2008 11:50 AM
One thing i can tell you is if you have any cleaners , bleach, plant fertilizers, etc in unmarked bottles under your kitchen sink...Get rid of them prior to the test. Also no pesticides, like ant poison, Raid etc. Also get rid of "Limeaway" nasty stuff. i wouldn't give them ANY reason to say your home is the "bad air" culprit!
Another question...do you hire one of the insect exterminators to monthly spray you home or grass?
Nothing but Good luck and best wishes to you! Lilly
RE: Lawyer meeting yesterday / home invasion - Still in Limbo - 06-14-2008 11:53 AM
Sounds like You have it Pretty Much in Control, but I would Suggest as the Attorney has to have Your Home Tested Before Hand. Me Personally, and Only My Opinion, I would STILL Make them get an Order from the Judge to allow them in My Home. Here in Pa., any Investigator for the i/c Must have My Permission to be on My Property, and if I allow them, ANYTHING they find can and will be Used Against Me! They make Us jump through So Many Hoops to keep Our Cases Open, I just feel they should have to do the Same if they are trying to come to My Home and try and find a Way to Deny it!! You also have to Remember, after they Leave, their Report can be made to Say whatever they want, just as an IME Dr. says One thing to Us, and Writes another. My Opinion Only, but I think You are Opening Yourself Wide Open to allowing them a Reason to Deny Your Case! There are too Many Air-Borne Toxins in the average Air Today, and I Honestly Believe they are going to make their Report to show Heavily Against You!! I Hope I am Wrong, and I Wish You the Very Best!!
RE: Lawyer meeting yesterday / home invasion - Bummer Knees - 06-14-2008 03:24 PM
I wonder it they will look at your request and think this long shot isn't worth it and drop things.
Be careful with most household cleaners, as they contain toxins. Lysol, Mr Clean, Pinesol are a few.
I order the cleaning supplies I use from meleuca co. (non-toxic) because of the allergies of my daughter to most household cleaners.
RE: Lawyer meeting yesterday / home invasion - AQA - 06-14-2008 09:45 PM
CD, This first part is probably nothing. When I was working we would test houses for contaminates in the air. It was the first step to figure out what type of filter they may want installed in thier a/c.. I do not know what the ic is testing for. That is why I said this first part may be nothing. I had one customer that we had to call to see what was going on in thier house,( the monitor was put in thier house and we could go to a web site and see what was going on with the monitor). The level of carbon monoxide was off the charts. Well we found out that the husban was at his computer and smoking. The monitor was close to where the ash tray was.
As far as your list goes, Item #5, alot of testing equipment I used and own have something in common. Other than they cost a small fortune, they need to be calibrated. The calibration is not done by me, I have to send them away to be calibrated. Most are/were calibrated yearly. I think I would want to know if the test equipment requires calibration, how often it needs to be calibrated, when the last time it was calibrated and documentation of such calibration.
RE: Lawyer meeting yesterday / home invasion - vickinat - 06-14-2008 10:19 PM
I personally would request that your worksite was tested first, and by a company in which you or your attorney choose. I have seen bogus testing done at workplaces in the past in which the "report" said all was within the safe specs. Those of us who worked at the place knew better. Just as AQA has said, they(I/C) can hire a testing company just as they do the IME's and get what they want written in the report. This is just a suggestion that you may want to bring up to your lawyer. If the workplace tests OK by a reputable testing company, then and only with a court order would I allow them to test my home. This is only my opinion.
Good luck and keep us posted.
RE: Lawyer meeting yesterday / home invasion - sparkey - 06-15-2008 06:51 AM
I would agree with Vicki also. Have them test your workplace first. With your OWN testing co. This may not be something the company would want done to them. It may worry them that something does show up. You will need this to back up your injury/home invasion.
Also, as mentioned, I would take out all your air filters in your home just incase they decide to take them and have them tested. Make sure they are clean if they decide this. This would be a great place for them to see what is being filtered in your home.
This still sounds so much like privacy issues. I sure in heck would not want this happening to me. What a terrible invasion of one's property. I am so sorry you have to go through this, but would really stress the issue that your workplace needs to be tested FIRST. This might make them change their minds about your home so that they do not invade the workplace.
RE: Lawyer meeting yesterday / home invasion - capricorn - 06-15-2008 09:23 AM
CD....all great advise. You have it under control. I am with Vickie on that I believe whether they do your property first and then your employment or vs/vs both should be done and your place of employment needs to be done by a company of your /your attorney's choosing. I am also with Sparkey on the air filters. I have them all over my house to keep the air clean. I would hope they're picking up unhealthy, unclean air BUT I wouldn't want this used against me either for trying to keep the air in my homes clean. Last but not least, as Limbo said try to think of this as an IME. The will lie, turn things around and say whatever they want. My last one in May the IME made such a mess of things, looks like he's not even talking about me, that his report and his credibility is what's being contested in court this time. His report doesn't even make any sense IF he's talking about me. Best of luck. When is it scheduled?
RE: Lawyer meeting yesterday / home invasion - collateraldamage5591 - 06-16-2008 08:23 PM
I wonder how many companies get away with bogus testing. I would say there are very many and unfortunately OHSA gives them the means to do it by offering self-monitoring programs where the only time a company has to have any direct connection to OSHA is when someone DIES in the workplace. Check out the following link.
It is like the fox guarding the hen house. What probably started out as a really good program got twisted into something else that corrupt and greedy businesses use in their favor all at the employees expense.