Spraying of insecticides without notification

[awphil]

Today (Saturday 9/19/09) A pest control agent began spraying outside of my apartment. My wife has a history of being allergic to pesticides so I went out side to ask what was going on. The agent sprayed my legs with pesticide and couldn't explain what I was sprayed with because he didn't know English. As I write this my head is burning and I am concerned for my health as well as my wife's. I called the owner and he quickly said spraying outside is considered a common area and told me I could move out if I wanted. I am not on a contract of any sort and I am wondering what my options are legally in this matter. I can't afford an emergency room visit. What should I do?

 

[Gail_in_Georgia]

I'd suggest throwing the clothes in the washing machine and taking a long shower. Stay away from the wife before the shower. Run the clothes through a hot water cycle.

Gail

 

[awphil]

That is amazing legal advice... I would have never thought of that! Thanks Gail

 

[Gail_in_Georgia]

What, exactly, would you have liked in terms of information? The pest spraying was done in a common area; no notification need be given. You're the one who walked out to find out what was going on (and got sprayed) when it was pretty obvious what was happening. If one was concerned it would seem that a better approach would have been to stay inside and avoid contact with the spray.

Legally you would have to prove that you suffered actual damages to receive any financial judgement. Did you end up going to the ER? Did your wife?

Management seems to have given you an out by saying you could move if you wish. If you decide this is the best option I'd suggest getting this in writing so you have documentation that management agreed with this.

Gail