fbpx

Law Blog

Fiberglass and Your Home

Your home probably makes you feel safe and comfortable. It is your sanctuary and where you like to relax to at the end of the day. For most of us, it’s the only place we can feel safe. Sadly, your mattress can upset that wonderful paradise you’ve built. If fiberglass gets in your home it can turn your world upside down.

Fiberglass is small, almost invisible pieces of glass. There has been a recent trend of manufacturers using it as a fire retardant in mattresses. However, due to what we at Cueto Law believe to be design flaws, these mattresses are contaminating consumers’ homes. 

The most well-known case is Zinus mattresses made by Zinus LLC. Zinus mattresses have covers with zippers.  When consumers remove the cover it releases fiberglass into their homes.

While this is the most well-known case, Cueto Law has gotten reports of mattresses from many different brands contaminating our client’s homes. 

Regardless of what mattress brand brought fiberglass into your home, the results are the same.

What Happens if Fiberglass Contaminates My Home?

If fiberglass contaminates your home, it can turn your world upside down. Many of our clients have had to move out of their houses and find temporary living quarters.

Fiberglass will settle everywhere. Many people report that it looks like a layer of glitter on all their belongings. Couches, beds, and chairs are no longer restful places. It can even get into your HVAC system and circulate through your air. Click here to learn more.

In addition to being expensive, this can be a great challenge for families emotionally, as having to leave your home suddenly can cause a lot of stress and frustration in your life. It is never a good time to lose your relaxing sanctuary.

As if having to find another place to stay wasn’t enough, there are many costs associated with fiberglass contamination. Families have had to throw out or replace all soft belongings.

If your mattress has contaminated your home, make sure to keep track of all associated expenses. These can include:

  • Medical bills
  • Professional Cleaning
  • Replacing Soft Items 
    • Clothing
    • Bedding
    • Towels
    • Upholstered furniture 
    • Carpets and Rugs
    • Soft toys
    • And More
  • Temporary Housing
  • Vet Bills
  • And More

What are the Medical Concerns?

On top of the professional cleaners, you will also need to contact your doctor immediately after you’ve come into contact with fiberglass.

Prolonged exposure can lead to many many different medical problems, including 

  • Rashes on skin
  • Eye irritation
  • Soreness of the nose and throat
  • Stomach irritation
  • Bronchitis and Asthma from long term exposure

For more information on fiberglass from Illinois state please click here.

Make sure your HVAC system is fiberglass-free to prevent further exposure.

After everything your family has been through, you deserve to seek justice.

At Cueto Law, we have been helping those whose homes were contaminated by fiberglass from mattresses from many different companies. We want to help you too.

It is too early to know what the outcome of these talks will be. However, in the meantime, we are still accepting clients. Make sure to visit our website for more information or call us at 618-277-1554 for a free consultation. 

HVAC and Fiberglass

Do you enjoy being cool in the summer? Warm in the winter? Having proper ventilation? If that’s the case then your HVAC system is very important to you. Sadly, if your HVAC system becomes contaminated with fiberglass it might need to be replaced. 

There has been a recent trend in mattress manufacturing towards using fiberglass as a flame retardant. Fiberglass is small pieces of glass, which when released into the air, can look like little bits of glitter on everything you own.

Many consumers have been injured by what we at Cueto Law believe to be design flaws in these mattresses. The most well-known brand is Zinus, which our clients have complained contaminated their homes with fiberglass when they unzipped to wash it. 

However, we have also received complaints about many different mattress brands.

How does Fiberglass get in the HVAC?

Once it is released into someone’s home, the fiberglass becomes airborne and gets on all surfaces. It can wind up in your vents, getting pulled into your system.

This is highly problematic, as once the fiberglass is in your ventilation system, it can continue to circulate fiberglass into the air you and your family breathe. 

What Can I Do about it?

After their HVAC becomes contaminated, many of our clients have had to pay to have their HVACs cleaned or even replaced.

The cost of replacing the system averages $7,000 nationally, which is a burdensome expense. 

As if that wasn’t enough our clients have also experienced other bills associated with fiberglass including

  • Medical bills
  • Professional Cleaning
  • Replacing Soft Items 
    • Clothing
    • Bedding
    • Towels
    • Upholstered furniture 
    • Carpets and Rugs
    • Soft toys
    • And More
  • Temporary Housing
  • Vet Bills
  • And More

Keep records of all your expenses, if fiberglass contaminated your home.

What about health concerns?

Fiberglass can cause many medical problems. If you have come in contact with fiberglass, contact your doctor right away. 

For humans, common consequences can include:

  • Rashes on skin
  • Eye irritation
  • Soreness of the nose and throat
  • Stomach irritation
  • Bronchitis and Asthma from long term exposure

For more information on fiberglass from Illinois state please click here

Make sure to also contact a professional to guarantee your HVAC system does not contain fiberglass, to reduce prolonged exposure.

At Cueto Law, we help clients, whose mattresses contaminated their homes. We want to help you too.

However, we also want to help you if a mattress from a different brand has injured you or your family. Please visit our website or call us at 618-277-1554 for a free consultation.

Fiberglass and Your Health

Sleep is supposed to support your health. Some experts call it the most important part of a healthy lifestyle, but if your mattress contains fiberglass it can damage your health. 

Fiberglass is small, almost invisible pieces of glass. Many mattresses contain fiberglass these days, as manufacturers use it for its fire-retardant properties. However, if it is released into your home, fiberglass can put you and your family’s health at risk. 

Zinus is the most well-known mattress brand with fiberglass in it. Our clients experienced contamination when the zippable cover of their mattress was removed or damaged. 

However, any mattress with fiberglass poses a risk to your health.

Risks to Your Health

If your home is contaminated with fiberglass you need to contact your health care provider immediately. 

Prolonged exposure can lead to many many different medical problems, including 

  • Rashes on skin
  • Eye irritation
  • Soreness of the nose and throat
  • Stomach irritation
  • Bronchitis and Asthma from long term exposure

For more information on fiberglass from Illinois state please click here.

The only way to minimize the risks and make your home safe to live in again is to decontaminate it, which can involve hiring professional cleaners and replacing ventilation systems. 

Also, keep in mind that fiberglass can be hazardous to your pets as well. Make sure to call your vet!

Mental Health Nightmare

Fiberglass can also turn your mental health and entire home upside down. 

These small invisible pieces of glass can settle over everything you own, and look like tiny pieces of sparkling glitter. Our clients have found it impossible to clean these belongings.

A lot of our clients have had to throw away and replace everything soft, including upholstered furniture, bedding, towels, clothes, rugs, children’s toys, and pet beds. 

If your mattress has contaminated your home, make sure to keep track of all associated expenses. These can include:

  • Medical bills
  • Professional Cleaning
  • Replacing Soft Items 
    • Clothing
    • Bedding
    • Towels
    • Upholstered furniture 
    • Carpets and Rugs
    • Soft toys
    • And More
  • Temporary Housing
  • Vet Bills
  • And More

How can Cueto Law Help?

Cueto Law wants to help you get justice. We believe these mattresses have design flaws that have caused you damage and upset your life. You do not deserve to pay for their mistakes. 

We want to help you regardless of what mattress brand contaminated your home. Cueto Law has received complaints from clients about many different kinds of mattresses, and are currently seeking ways to help all of them.

We would love to have you as a client. Please visit our website for more information or call us at 618-277-1554.

Facts about Fiberglass in Mattresses

Mattresses are supposed to be a place to rest and relax. Sadly, many families have had their lives upended after their Zinus mattress leaked fiberglass and contaminated their home. Read on to learn more facts about fiberglass in mattresses.

Fiberglass is a common component of many mattresses and acts as a needed fire retardant. However, Zinus LLC, a common bed-in-a-box mattress manufacturer, did not adequately warn their customers of the fiberglass inside their mattress and its problems with leaking and contamination. Additionally, we believe Zinus mattresses are defectively designed which resulted in fiberglass contamination. 

When consumers removed the zippable mattress cover to wash it, fiberglass was released into their homes. Sometimes fiberglass contamination occurred even if consumers did not remove the cover.

What to be aware of about Fiberglass

Fiberglass consists of small, almost invisible, pieces of glass, and when released in the air of a family home, can cause damage to the occupants of the home, their pets, and their property.

Common damage Fiberglass causes include

  • Rashes on skin
  • Eye irritation
  • Stomach problems
  • Soreness of the nose and throat
  • Stomach irritation
  • Bronchitis and Asthma from long term exposure

For more information on fiberglass from Illinois state please click here. 

In addition to the medical concerns, families have also been burdened with expensive cleaning procedures, including replacing HVAC systems and throwing away all soft materials in their homes.

Expenses include

  • Medical bills
  • Professional Cleaning
  • Replacing Soft Items 
    • Clothing
    • Bedding
    • Towels
    • Upholstered furniture 
    • Carpets and Rugs
    • Soft toys
    • And More
  • Replacing HVAC Systems
  • Temporary Housing
  • Vet Bills
  • And More

If you have experienced fiberglass contamination

If fiberglass has been released into your home from any mattress, as companies other than Zinus have had these same problems, contact your doctor if you feel ill, save all invoices and receipts of your expenses and contact Cueto Law at 618-227-1554 

Mattresses with Fiberglass

Your mattress is meant to be a place you can get a good night’s sleep. Sadly though some mattress manufacturers are creating mattresses with fiberglass and design flaws.

Mattresses are often made with fiberglass, as it’s a great fire retardant. However, if the mattress is not designed properly the fiberglass can leak out, contaminating your home. 

Many consumers are reporting fiberglass contamination in their homes, and it often looks like sparkling glitter on surfaces. However, unlike glitter, fiberglass is not a sign of happy celebrations.

What is the danger of Fiberglass?

Fiberglass is, much like it sounds, small almost invisible bits of glass. When released into the air of a family home, they can cause health problems for you, your family, and your pets.

Common damage Fiberglass causes include

  • Rashes on skin
  • Eye irritation
  • Soreness of the nose and throat
  • Stomach irritation
  • Bronchitis and Asthma from long term exposure

For more information on fiberglass from Illinois state please click here.

To make matters worse, if fiberglass contaminates your home, you also have to worry about getting professional cleaning and possibly replacing your HVAC system. All of which is a burdensome expense. 

Affected consumers have to replace all soft surfaces in their homes, at great personal cost.

If your home is contaminated with fiberglass, make sure to speak to your doctor and keep track of all your related expenses including

  • Medical bills
  • Professional Cleaning
  • Replacing Soft Items 
    • Clothing
    • Bedding
    • Towels
    • Upholstered furniture 
    • Carpets and Rugs
    • Soft toys
    • And More
  • Replacing HVAC Systems
  • Temporary Housing
  • Vet Bills
  • And More

What Mattresses Include Fiberglass?

The most well-known mattress made with fiberglass is from Zinus, Inc. Cueto Law is currently working with our clients to get justice for their damaged property and medical expenses. 

However, at Cueto Law, we have received complaints from clients about mattresses from all different kinds of brands, not just Zinus. 

If your home has been contaminated by fiberglass it could have come from your mattress, regardless of the brand. 

At Cueto Law, we are accepting clients who believe they have been harmed by fiberglass in a mattress from Zinus or any other brand. Please visit our website for more information and call us at 618-277-1554 to discuss your individual case.

What is a hostile learning environment?

What is a hostile learning environment? Sadly that is a question parents have to ask themselves at times. No child should face a hostile learning environment in school.  However many do, and there can be sharp legal consequences for the schools that create this kind of space for students. In this post, we’ll cover what a hostile learning environment is, how to spot it, and what to do about it.

When you send your child to school you want them to be going someplace where they are safe and cared for. 

Children have to feel safe and supported in schools. After all, in order to learn and grow, students have to make mistakes. Schools need to be the kinds of places where that can happen.

However, if a school has created a hostile learning environment, that can be impossible for children.

What is a hostile learning environment?

A hostile learning environment is specific to a school or classroom and is defined as 

  • A situation of discrimination occurring and creating a harmful setting
  • Intimidating environment creating fear
  • A culture that denies, limits, or interferes with someone’s ability to gain benefits from a job, program, or school

For more information on the legal definition of a hostile environment click here. 

In the context of a school, a hostile environment is a place that causes students to be fearful, intimidated, or has multiple incidents of discrimination. All of this can interfere with learning.

How can I tell if my child is facing a hostile learning environment?

A significant indicator of a hostile learning environment is how your child feels about going to school. Are they happy to do so? Or do they dread it?

Observe how your child seems on their way to school and when they come home. Be on the lookout for changes in their behavior. If they used to love school, but suddenly seem to hate it, almost overnight, that is an indicator something is wrong.

If you are worried, ask your child about what is going on in school.

Be on the lookout for signs of discrimination. These can include

  • Not making reasonable accommodations for students with disabilities
  • Grading work lower than its worth
  • Imposing harsh or unreasonable punishments
  • Not responding to reports of bullying

Click here to download our free checklist of signs of discrimination.

If your student is part of a protected class as defined by the American Disabilities Act and the school is not taking actions to protect them from bullying, refusing to make reasonable accommodations, or being too harsh on your child, that could be discrimination.

What should I do?

If you believe your child is facing a hostile learning environment, you as a parent have every right to react. 

Contact school staff, administrators, and teachers about your concerns. Keep a record of all communication between yourself and school officials. Save emails, letters, and take notes during meetings and phone calls.

If you are not satisfied with the school’s response or if they make no modifications, contact Cueto Law at 618-277-1554. You can discuss the details of your case with one of our attorneys, for free!

Is Bullying Always Discrimination?

Is your child being bullied? Are you thinking the school’s failure to act is discriminatory? It very well might be. Bullying while always problematic and something schools need to prevent, is not always discrimination. In this post, we will explain the difference. 

Make sure to download our free signs of discrimination checklist!

Make sure to know what to look out for and what evidence to collect to support your case. 

When is Bullying Discrimination?

Bullying is only discrimination if the bullying is occurring based on a child’s membership to a protected class.

Protected classes include:

  • Disability
  • Gender
  • Gender Identity
  • Sexual Orientation 
  • Religion
  • Ethnicity
  • Race
  • National Origin

If the bullying is based on one of these categories then it can be considered discriminatory behavior on behalf of the students.

If however the bullying is not based on this but something else, then it is not discriminatory. But that does not mean the bullying is okay. Schools should respond quickly to all reports of bullying in their schools, regardless of if it is discriminatory or not. 

Can I sue the school for discrimination?

That depends. Bullying on its own is not enough to sue the school over. To have a case against a district for discrimination, there must also be evidence of bias among not just the students, but also the staff.

The law requires schools to comply with federal civil rights laws. 

For more information on federal civil rights laws and bullying, click here!

If discriminatory bullying is occurring in the school and school officials and teachers are doing nothing to prevent, or maybe even creating a culture that encourages the bullying, then that is a major sign your child is being discriminated against. 

Be on the lookout for other signs of discrimination in your child’s school! Download our free signs of discrimination checklist!

Contact a Lawyer

If you believe the school is discriminating that is a very serious concern. Children should be able to attend a school where they feel valued and important, and no child can learn in a hostile environment. 

Keep a record of all incidents that make you believe this and save all correspondence you receive from the school.

Call Cueto Law at 618-277-1554 to discuss the specifics of your case for free!

What does Discrimination look like in School?

Rename, what does discrimination in schools look like?

We like to think that discrimination is a thing of the past and that the legal system got rid of discrimination in schools with Browne versus Board of Education. However, sadly, there is still plenty of discrimination in the world. It is just subtler now and harder to discern. So what does discrimination in schools look like?

There are many signs of discrimination in schools that parents should be on the lookout for. We’ve written about this in the past. 

Click here to read more about signs of discrimination.

The most telling, however, is that your child is being treated differently or singled out negatively not just by other students, but also school staff.

How Do I tell if Staff is Discriminating?

There are several signs of discrimination from school staff to look out for. This can include things that affect your child socially or academically.

Signs of discrimination include things like

  • Giving grades that do not reflect student learning
  • Handing out harsh punishments to your child
  • Not responding to reports of bullying against your child
  • Refusing to make reasonable accommodations
  • Ignoring your child’s IEP (if they have one)
  • Refusing to give your child an IEP if they have documented need
  • Creating a harsh or hostile learning environment for your child

For a full list of signs of discrimination click here. 

One instance of discrimination does not necessarily mean your child’s school is discriminating, but take note of any patterns of behavior that suggest an ongoing bias against your child.

Can I sue over discrimination?

Yes, you can sue over discrimination in some circumstances. As organizations that accept federal money, schools must comply with all Civil Rights Laws. 

These laws protect students based on their sexual orientation, gender, race, ethnicity, religion, disability, or nationality. If you feel the school’s discriminatory behavior is based on your student belonging to one of these protected classes, that is cause to talk to a lawyer.

To learn more about federal laws and discrimination click here!

What to expect when you talk to a lawyer

Before talking to a lawyer, you should gather evidence so your lawyer can determine if you have a case. 

Evidence can include

  • A record of incidents
  • Your child’s school work
  • Communication with the teachers and staff
  • Your child’s IEP
  • Notes from official meetings 
  • Diagnostic Documentation

When you are considering filing a discrimination lawsuit be aware that you are talking to a personal injury lawyer. A reputable lawyer should not charge you for their services unless you win. 

Your lawyer should be kind and compassionate and listen to your concerns, while also answering all your questions. If you would like to speak with an attorney you can trust, call Cueto Law at 618-277-1554.

Tips to Help Autistic Children with Bullying

Sadly there are many children in this country who face bullying. Children with autism are often among them. It is not uncommon for children on the spectrum to lack social skills that can make them a prime target for bullying. As their parents, you want to help prevent your child from being bullied. But what if it’s already happening? Read on to learn our tips to help autistic children with bullying.

If your child is being bullied in school, you should be aware that the staff and administrators have a legal responsibility to respond to that bullying in a quick and meaningful manner.

Click here to learn more!

Tips to Help Autistic Children with Bullying

This is by no means a complete list, and there are many advocacy groups that have many recommendations.

Click here to read more!

Encourage Them to Ignore It

Bullies want one thing. Attention. They want everyone to see what they’re doing, and react to it. 

The best way to stop bullying is to not care about it. 

If a bully picks on your students, and they have no reaction, then the bully is not getting what they want and will move on to something else. 

However, if they do get reactions out of your child, that will teach them this is a way they can get what they want.

Of course, this trick can be difficult or easy for your child, depending on their personality. Sometimes children with autism will miss that they are being bullied completely. Other times it will upset them more greatly. 

Make sure to customize this advice to your child’s needs. 

Remind Them of How Special They Are

It is also common for children on the autism spectrum to forget that their brains are actually amazing things. They spend so much time with teachers or service providers who are trying to change how they operate that they don’t realize all the things they do well.

Many children with autism excel in certain areas, well beyond their age range. Others feel a deep passion for things like music, insects, engineering, or outer space. 

This can lead to an almost genius level of knowledge in one area that brings them much joy. 

Even if your child does not experience this, they are still unique and wonderful and deserve to know it! 

Part of what the bullies are making fun of is your child’s brain, which operates in a unique way. Remind them of all the good things their brain has brought them. 

What’s most important is how they feel about themselves, not how people who just want to be mean feel. Raise up their confidence and make them appreciate all the great things about themselves, as much as you do.

Bring your Concerns to Teachers and Administration

After talking to your child this should be the first thing you do. School staff members and teachers have to know about bullying going on in their school for safety reasons. 

Be sure to include what your child says happened, who was involved when the incidents occurred, and forward any relevant information from your child’s computer in the event of cyberbullying.

Save all communications between yourself and the school regarding the bullying, and keep notes during any meetings you have about it.

Keep Track of What Does and Does not Change

After telling the school and talking to your child, do not assume that the situation is handled. 

Make sure the school follows up, and keep track of what impact their actions have. Schools can sometimes worsen bullying intentionally or on purpose. 

Schools must comply with all federal civil rights laws. This offers your child certain protections because of their disability, and failing to respond to bullying can be a sign of discrimination.

To learn more about the signs of discrimination download our free checklist.

When to Call a Lawyer

Sometimes tips to help autistic children with bullying don’t work, and you have to go the extra mile to ensure your child has a safe learning environment. 

If you are concerned that bullying at school is infringing on your child’s civil rights you should call a personal injury lawyer to discuss the specifics of your case and what your legal options are.

We at Cueto Law are always happy to take your call at 618-277-1554.

IEPs are Legally Binding

You might not realize it, but IEPs (Individualized Educational Plans) are legally binding documents. Every parent needs to know that before attending their child’s IEP meeting. These aren’t just any meetings with your child’s teacher. 

If your child had recently been diagnosed with a disability your school has probably contacted you about having something called an IEP meeting. 

At this meeting teachers, administrators, district representatives, and possibly other interventionists, will talk about what services your child needs. After the meeting, your child’s school will produce an IEP which they will need your consent to implement.

Remember, before agreeing, that IEPs are legally binding documents, so think carefully about what’s in the best interest of your child. 

What exactly is an IEP?

IEP stands for Individualized Education Plan. It lays out a student’s current level of functioning in multiple areas of development. These areas include cognitive, physical, social, emotional, and more. 

The IEP will lay out what kind of classroom your child should be in, as well as if they need any related services. This can include Speech Pathology, Occupational Therapy, Physical Therapy, and more.

In addition to present level of functioning, it will also list goals the school or district wants to work with your child towards achieving in the next year. 

Goals need to define what meeting the goal will look like.

Typically a child has met a goal after displaying the skills 80% of the time over a series of days.

Additionally, all goals need short-term benchmarks. Staff should explain each goal to your thoroughly and answer all questions.

IEPs are legally binding and about your child. Make sure you thoroughly understand them.

Why Does My Child Need an IEP?

If the school is recommending your child have an IEP, then that means your child qualifies for special education services. 

IEPs are part of a school’s legally mandated responsibility to include all students and not discriminate. 

Schools will create an IEP for your child if they have been diagnosed with any of the following classifying conditions.

  • Autism Spectrum Disorder
  • Deafness
  • Physical Disability
  • Intellectual Disability
  • Specific Learning Disability 
  • Speech and Language Impairment
  • Hearing Impairment
  • Visual Impairment 
  • Emotional Disturbance
  • Orthopedic Impairment
  • Traumatic Brain Injury
  • Multiple Disabilities
  • Other Health Impairment

For more information on what to expect at the meeting click here!

What to Know Before Signing

Before you sign your child’s IEP you need to be aware that as your child’s parent, you have certain rights. 

An IEP is a legally binding document that details how the school staff intends to educate your child, given their special circumstances. If there are parts of it you don’t like, goals you want added or taken away, or services you want your child to receive, you have a right to request them.

The school must allow you to bring lawyers or other advocates to the IEP meeting if you wish. Additionally, you are in charge. 

Parents might feel intimidated when surrounded by professionals and experts, but do not let them intimidate you into signing something you don’t agree with. 

Educators and service providers cannot implement an IEP without your consent. If you disagree with recommendations from the staff you have a right to get a second opinion or contest the document in court. 

What if they aren’t following the IEP?

If you had no problems with IEP and signed it, that’s great. However, sometimes sadly, school staff and administration do not always follow the guidelines laid out in the document. 

If that occurs it is considered a violation of an IEP, which again is a legally binding document. 

Contact the school administration about your concerns and keep a record of all your communications regarding the matter.

Additionally, be aware that violating an IEP is a sign of discrimination. 

Download our free checklist to be on the lookout for other signs of discrimination.

Federal Law requires that schools comply with all Civil Rights Laws. These laws protect students with disabilities.

When to Contact a Lawyer

We at Cueto Law help families who feel their child is being discriminated against based on their disability, gender identity, sexual orientation, and more. 

Make sure to download our free discrimination checklist to make sure you know what to look for.

If you are worried your child is being discriminated against because of their disability, contact one of our lawyers for a free consultation to discuss the specifics of your case. Call us at 618-277-1554.