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8 months later, Valspar paint fumes causing health issues in my home. Should we sue?

Atlanta, GA |

We used a Valspar oil paint product labeled utility floor paint in our basement in September 2011. The can says it dries in 24 hours, but the fumes were so intense in our house that we could not stay there for 2 weeks. We have spray foam insulation under our house, so we were surprised, but the fumes were also prevalent in our yard. It is now May, and there are still paint fumes, and for some reason, they are worse now than in the winter. We have had several weeks of dizziness and unclear thinking even with the windows open, and now we cannot turn on the AC because it is in the basement and brings fumes into the house. I tried running it today and I am completely light headed now, can't see clearly and have black circles under my eyes. We have a four year old son and work from home.

We have called Valspar many times, and have followed all of their instructions on how to ventilate the basement ever since September, but still, heavy paint fumes in the house if several windows are not open.

Attorney Answers 4


  1. Best answer

    First- Get to a doctor. This is critical. More than a legal issue, this is a health issue and your health is most important.

    Second, go see an attorney. This is the type of issue that seeing an attorney could definitely help you investigate and pursue.


  2. you should promptly contact a GA lawyer in your area that does injury work. the GA trial lawyers association or the local county bar would be a good source. the simple answer is that you may have a case. i had a similar case some years ago which involved a different product but caused chemical hypersensitivity, a serious problem. i don't want to alarm you but would get to a doctor soon. the dark circles, lightheadness, etc are all symptoms of possible brain issues. you should also be very concerned about your son. if you have an alternative place to stay until the fume issue can be rectified you ought to consider it. finally if you still have the paint, preserve it along with the cans and any spec sheets. good luck.


  3. First of all, this is a medical emergency. Get medical care. The failure to do so may damage your health and also weaken any possible legal case. Second see a lawyer.

    Make especially sure that your child gets a full physical (you also).

    - Glen Ashman - geaatl@msn.com - .................. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in this email is tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein.


  4. I agree with the other suggestions: 1 - seek medical attention; and 2 - speak with a lawyer. I will be happy to speak with you if you like. Steve Thornton

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