Overview of Toxic Mold Law

Mold in your home or apartment can cause health problems and property damage. If you’re renting property, your landlord has a duty to ensure the property is safe and habitable. Landlords also must disclose known safety issues to tenants. If there is water intrusion causing toxic mold growth, your landlord may be in breach of the warranty of habitability.

If toxic mold causes serious health problems, you can file a personal injury lawsuit. A toxic mold expert can provide testimony showing causation and landlord liability. Contact a local toxic mold lawyer for legal advice about your right to recover compensation.

What Makes a Mold Problem a Legal Issue?

Mold is a type of fungus that occurs naturally where there is moisture. There are different types of mold spores. Some cause allergic sensitivity or are toxic to humans and pets.

Mold can grow in buildings where there is excessive moisture in wood, drywall, insulation, or other building materials. Mold infestation areas can develop around pipes, windows, leaking roofs, and wherever there is water intrusion.

Under premises liability laws, property owners have a duty to make sure their property is safe. They must disclose known hazards to renters, visitors, and tenants. Property owners are liable for injuries caused by hazardous conditions on their property, including health hazards caused by mold.

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Health and Property Damage Caused by Toxic Mold

Mold becomes a problem when people are exposed to large quantities in their home or work environment. Mold can lead to neurological or respiratory problems. High levels of exposure can be fatal.

The elderly, young children, and people with compromised immune systems are more sensitive to mold exposure. According to the Centers for Disease Control and Prevention (CDC), health risks related to mold exposure include:

• Allergic reactions
• Skin irritation or rash
• Runny nose
• Coughing or sneezing
• Lung infections
• Shortness of breath
• Fever

Mold also damages property by breaking down wood, drwall, and other materials. Once you notice visible mold, it can hide a much larger mold infestation behind the walls. Repairing property damage caused by mold is costly, and there is always a risk of mold regrowth if the source of the moisture is not addressed.

Signs of mold include discoloration and musty smells. When you notice the presence of mold, remove the mold, disinfect the area, and fix the moisture problems. Failure to address mold contamination can cause health effects.

Who Is Liable for Mold Exposure?

For renters, the property owner is obligated to ensure the property is safe and suitable for habitation. Landlords and property managers have to fix leaking pipes, windows, and other defects that allow moisture to gather in the walls and cabinets.

Homeowners are generally liable for mold in their own homes unless another party is responsible for mold issues. For example, say a window company installs new windows and guarantees their work. Months later, the homeowner discovers toxic mold growth around the windows caused by construction defects. The homeowner could file a lawsuit against the window company for negligent construction.

Real estate agents or home sellers generally have a duty to disclose material defects, which can include mold issues, known water intrusions, or prior mold remediation. Buyers can file a claim against the seller for failing to disclose material defects. However, seller disclosure laws vary by state.

Homeowner’s insurance may cover some types of mold remediation and water damage. Most homeowner’s insurance covers water damage caused by accidents like a broken water pipe. However, insurance companies generally do not cover mold caused by flooding or lack of maintenance. Review your insurance documents to determine if your policy covers mold damage.

Legal Claims in a Toxic Mold Lawsuit

There are different types of legal claims in toxic mold cases, including:

• Personal injury
• Premises liability
• Product liability
• Breach of warranty
• Real estate fraud

In a toxic mold lawsuit, the injury victim seeks compensation from the parties responsible for toxic mold exposure. Toxic mold litigation requires the victim to show the defendant breached their duty of care and caused the injury. The victim generally uses an expert witness to testify about how mold exposure caused their injuries.

The compensation available in a toxic mold lawsuit depends on the type of damage and the extent of your injuries. Economic damages include medical expenses, lost wages, and property damage costs. Non-economic damages can include pain and suffering and emotional distress.

When To Contact a Toxic Mold Attorney

Landlords and property owners often try to ignore toxic mold problems. They may blame the mold growth on the tenant or delay cleanup efforts. Even your insurance company may delay or deny your mold damage claim by claiming it is not a covered event. A toxic mold attorney can help you get your mold problem fixed and repaired. Your attorney can also file a claim to recover compensation for your illness and health problems.

Exposure to toxic mold can lead to serious health issues and property damage. Contact an experienced toxic mold lawyer to understand your legal rights.