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Toxic Mold
Sherrie BennettHave you discovered mold growing in your basement and wonder whether your child's recent respiratory illness is connected? Have you been told you need to vacant your apartment immediately because of dangerous mold found inside your walls? Here's what you need to know to legally protect yourself.
What Is Toxic Mold?
While molds grow naturally in the environment, some types- notably stachybotrys, arimonium, aspirgillus and penicillium- can be harmful if you come in contact with them within a sealed building. While there aren't any standard guidelines as to how much of what kind of mold is toxic, mold has been blamed for:
- Headaches
- Skin rashes
- Respiratory problems
- Lung disease
- Memory loss and brain damage (in extreme circumstances)
If you or a family member have been harmed by toxic mold, you may have what's called a "negligence" legal claim against:
- Your landlord or property managers
- The people who sold you your house, if they knew about the mold and didn't disclose the problem
- The contractors who built your apartment or home
- The suppliers or manufacturers of defective building materials
You may have a legal right to recover the costs of:
If you suspect there is a problem, you'll want to seek medical attention right away.
Initial Contact With Insurance Companies
It's important to contact your homeowner's insurance company, or notify your landlord's insurance company, as soon as you are aware of a potential mold problem.
The insurance company will want to send out an inspector to determine the type of mold and the source of the problem. Inspections cost at least $1,500, which should be paid by the insurance company. If you aren't happy with the inspection done by the insurance company, you may want to hire your own inspector for a second opinion.
Many insurance policies have what's called a "no action" clause, which requires you to file a lawsuit within a year of discovering the mold. And all states have what's called "statutes of limitation" that require you to file a lawsuit within a short time after discovering the problem. So if you can't come to an agreement with the insurance company as to what damages should be paid, or if the insurance company claims damage caused by mold is excluded under the insurance policy, it's time to contact a lawyer who specializes in personal injury or insurance law.
Getting Rid of The Mold
If you own the property, you have the legal duty to "mitigate your damages" by ridding yourself of the mold as soon as possible. The "remediation" process often involves ripping out walls and floor surfaces to eliminate the mold. It will also be necessary to repair the source of the water damage that made the mold growth possible, such as burst pipes, leaky foundations and so forth.
You may need to temporarily relocate while the remediation repair work is going on, so as not to expose yourself to mold in the air. If you've been told you must leave your apartment because it's unsafe for you to stay, you may have been "constructively evicted" and your landlord should pay for the costs of relocating to another apartment.
Collecting Legal Evidence
Whether you end up being able to negotiate successfully with the insurance company, or must file a lawsuit and go to court, will depend in part on how organized and thorough you are in documenting the mold problem and your damages.
At a minimum, you should save:
- Photos taken at every step of the process, from first discovering the mold through inspection and repair, including photos of household items contaminated by the mold
- Bills and receipts for inspections, repairs, medical expenses, household items you had to replace, relocation expenses, and any other expenses caused by the mold problem
- Medical reports and records
Finding A Toxic Mold Lawyer
You'll want to look for a personal injury lawyer who has had some experience dealing with toxic mold issues. It's especially important to find a lawyer who knows how to negotiate with insurance companies, but can also take your case to trial if necessary.
Related Resources:
Environmental Protection Agency
 |
General Personal Injury Board for more help |
in rem jurisdiction
the jurisdiction granted a court over property that allows the court to issue binding judgments (as an order for partition) affecting a person’s interests in the property
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