Toxic Mold

Toxic Mold

To understand your legal rights after being exposed to, and potentially injured by, toxic mold, it is important to understand a little bit about mold itself.

Mold is a naturally occurring fungus that can live in any environment where it is provided sufficient warmth, food, and moisture. Warmth and moisture are easily available to molds in many environments. Food for mold can include such things as wood, carpet, dry wall, upholstery, wallpaper and other items found in human dwellings.

Where is Toxic Mold Present?

Mold is present in virtually every human dwelling, from office buildings to homes. Of the approximately 20,000 species of mold, most are harmless to humans and other animals.

Unfortunately there are toxic mold species which can cause significant injury to humans, family pets, and other animals. Toxic mold has been a growing concern in the real estate, renting, and building/home owning communities due to increasing reports and legal claims regarding toxic mold injuries.

Signs of Toxic Mold

Individuals have a right to live and work in a space with clean and healthy air which does not carry deleterious toxic mold. Signs of toxic mold in a dwelling can include blue, black, or green stains on ceilings and walls, a musty and/or urine smelling odor, and brown, orange, or green spots around tile, grouting, and other areas around the home or office.

A toxic mold victim may experience allergy or flu symptoms that don’t subside, irritation or infection of the eyes, ears, nose, and throat, diarrhea, hair loss, and more. Toxic mold can cause a variety of serious health conditions, like lupus, cancer, and more.

Toxic Mold Exposure

If you or a loved one has been exposed to toxic mold or has suffered toxic mold injuries, you should speak with your physician at your earliest convenience. You should also have a toxic mold professional come to your home or office to inspect the area and determine the extent of toxic mold infestation.

Toxic mold must be removed from a dwelling before it is safe to occupy the building or home again. If you have been exposed to toxic mold you may also wish to speak with a qualified and experienced legal professional to determine your legal rights and options.

Who is Liable for Toxic Mold?

There are several parties who can be held liable for toxic mold damages including developers, building owners, building material manufacturers, contractors, insurers, homeowner’s association, landlords, home sellers, and employers. Landlords, home sellers, and employers are required to keep their building free from toxic mold to mitigate the risk of injury to their tenants, buyers, and employees, respectively.

Toxic mold victims have the right to file a civil lawsuit under these legal theories: violation of disclosure duties, negligent maintenance, defective design, materials, or workmanship, and infliction of emotional distress. Class action lawsuits have already been filed on behalf of families who have suffered similar toxic mold losses.

Through a toxic mold claim, you may be eligible to seek compensation for your medical expenses, lost wages, property damages, mold removal costs, emotional suffering, and more.

If you would like to learn more about your legal rights and options in a toxic mold legal case, please contact us to speak with a qualified and experienced attorney in your area.

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