Mold Litigation

Mold is a fungus that can grow and damage a building as a result of water leakage or dampness. Mold infestation is a health hazard. Mold litigation involves toxic tort, product liability, construction, and environmental areas of law. Mold litigation against a builder is usually based upon evidence that the builder failed to prevent water intrusion or actually caused water intrusion typically through poor roofing, piping, or drainage. Cases against landlords are usually based upon their failure to make repairs that have resulted in moisture and mold growth or their failure to remove the mold. Damages are generally recovered for property repair and for personal injuries from harm to health, such as allergenic and respiratory problems.

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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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