Toxic Mold Claims
The harm caused by mold can be costly, both in terms of human suffering and property damage. People exposed to indoor toxic mold may experience allergic reactions, respiratory illness, emotional distress, and other problems such as fatigue, dizziness, nausea, asthma, and even brain injury (see Are Molds Dangerous to My Health?). Mold may also damage homes, apartments, and commercial and public buildings by making them unsafe places in which to work or live.
If you suffer from exposure to toxic mold in your home or your workplace, you may have damages for medical injuries and emotional distress. Toxic mold lawyers may handle claims based on:
- construction defects;
- decreased property value;
- the loss of a living space (for tenants,“constructive eviction”);
- the interruption of a business that takes place in a mold–contaminated building;
- the cost of mold remediation;
- unfair business practices;
- failure to disclose the presence of mold;
- negligence or fraud; and
- bad faith claims by homeowners and commercial property owners against their own insurance companies for failing to promptly and fairly process claims.
Common defendants in mold cases include contractors, builders, landlords, home sellers, realtors, home inspectors, and homeowner associations. Insurance companies may also be involved. In one case, a jury handed down a $32 million verdict in favor of a homeowner who sued her insurer for false claims handling practices and fraud (Ballard v. Fire Insurance Exchange, Travis County District Court, 250th, Texas (2001)). The amount was reduced to $4 million by a Texas appellate court. In a recent California case, a husband, wife, and their son successfully sued their landlord and a management company for negligence and failure to abate mold in the couple's apartment (Mazza v. Schurtz, Cal. Superior Court, Sacramento Co., CA (2001)). The family was awarded $2.7 million for its personal injuries.
Toxic Mold Law Is In Its Infancy
At present, there is no federal law that specifically addresses the issue of toxic mold exposure. In June, 2002, Representative John Conyers, Jr. (D–MI) introduced the Toxic Mold Safety and Protection Act, which would have required the government to study toxic molds and to issue mold inspection guidelines. The Act would also have created a federal insurance program to protect homeowners from losses due to mold, established standards for mold testing, and required rental property lessors to conduct annual indoor mold inspections. The EPA and housing agencies would have issued regulations requiring mold hazard disclosure when a property was sold or leased. The full text of the proposed legislation, which did not pass in the 107th Congress, is on the Thomas Legislative web site (Scroll to Search, click on Bill/Amendment Number; search on H.R. 5040).
The state of California has been a pioneer in enacting toxic mold legislation. The Toxic Mold Protection Act of 2001 (SB 732, Ch. 584) requires the state Department of Health Services (DHS) to study the health threat posed by indoor molds and to develop standards for toxic mold exposure. Commercial and industrial landlords must remediate for mold if they know that it is present or if the premises are subject to chronic water problems or flood. The DHS must adopt guidelines for mold identification and remediation and consider establishing a Permissible Exposure Limit (PEL) for mold. If a PEL is adopted, sellers of commercial and industrial property, landlords, and public entities must provide written disclosure of the presence of mold in excess of this limit.
Other states have attempted to pass legislation concerning toxic molds, but so far without much success. Nevertheless, we can expect renewed efforts to deal with this growing health issue.
Contacting Experienced Toxic Mold Lawyers
The three crucial phases of a toxic mold claim are: (1) water intrusion; (2) mold and fungus growth; and (3) health problems. Both the water intrusion and mold growth problems may disappear for a variety of reasons, including a change of residence or repairs to the affected areas. Therefore, a certified mold specialist should inspect the property and obtain samples for evaluation as soon as possible.
At Brayton Purcell, we work with certified, experienced mold specialists in promptly investigating claims. We also keep up–to–date with proposed legislation and cases concerning toxic mold. We currently represent numerous mold victims and have close to 20 years of experience dealing with other types of toxics litigation. If you believe you have been injured by toxic mold exposure or sustained property damage due to toxic mold, please contact our toxic mold lawyers as soon as possible to learn about your legal options.