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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 8969
Experience:  Attorney with significant personal injury experience
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"To LegalPro54" This question is regarding the remediation

Customer Question

"To LegalPro54" This question is regarding the remediation team....1) how would I prove the remediation team used a mixture spray if remediation team denies it? Fyi... i asked the team what they used...the leader insisted nothing was used...Precisely something was used due to the odor...after a few days he confessed he used a mixture without my permission which was something he mixed....clorox for mold & febreeze. (Clorox states on their website that this product is not to be mixed with any other chemical product).
I appreciate your knowledge and time this evening answering my questions.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 2 years ago.
Thank you very much for requesting me to answer your followup question and for your kind rating and bonus on the previous question.

There are several ways you could go about proving this. For one, your personal testimony that the leader of the remediation team admitted to using a mixture would be admissible in court. Although out of court statements are "hearsay" and generally not admissible in a civil trial, the law recognizes an exception to this general rule for statements constituting admissions made by a defendant. That exception would apply in this instance and you would be able to testify about what was said.

Depending on how long ago this incident occurred, you may wish to remove a portion of the area that was sprayed and send it to a lab for chemical sampling. I am not an expert in this scientific field and so I do not know where exactly you would go to obtain it, but there is no better evidence than physical evidence, and so if you can obtain that from a sample that would obviously be extremely persuasive in court.

Finally, once you initiate a civil lawsuit you are entitled to conduct "discovery." Discovery is the process in litigation during which you are permitted to ask the other side to produce, among other things, documents in their possession that are relevant to your claim.

You would be able to make a "request for the production of documents" relating to company procedure for spray compounds and other business records which may indicate whether a mixture such as what you suspect was used in your home was used commonly by this company in their business operations.

These are the most probable ways in which you could prove your claim. Now, if you do plan to file a lawsuit in civil court, I would strongly recommend retaining a local personal injury attorney to do so. He/she may have additional ideas for how you can go about proving your case, and I would strongly recommend that you discuss these evidentiary issues with them in more detail prior to commencing any action.

Again, please feel free to let me know if you have any further concerns. I am more than happy to answer followup questions if at all necessary.

Kindest regards XXXXX XXXXX wishes to you moving forward.
Patrick, Esq., Attorney
Satisfied Customers: 8969
Experience: Attorney with significant personal injury experience
Patrick, Esq. and 2 other Personal Injury Law Specialists are ready to help you
Customer: replied 2 years ago.

Appreciate the answer and enjoy your evening.

Expert:  Patrick, Esq. replied 2 years ago.
You as well. Have a pleasant evening and thank you so much for coming to Just Answer.

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