Have you discovered toxic mold in your house or place of work? Has it caused you health problems? Although toxic mold isn’t as big of an issue as it once was because we are more aware of the danger, there are still thousands of cases every year where homeowners and employers discover the spores in their buildings. If this has happened to you, you might be able to file a lawsuit for toxic mold.
Where was the toxic mold found?
The location of the toxic mold will have a large impact on whether or not you can file a lawsuit. For example, if it was found in your home, you might be able to sue the previous owners for failing to disclose the problem, or contractors who didn’t alert you to the issue during the course of their work. If it was found at the grocery store where you do most of your shopping, however, the odds aren’t on your side.
What caused the growth?
In order to file a lawsuit for toxic mold, you must be able to prove that someone other than yourself was responsible for its growth. For example, if you were sold materials that aren’t up to code and you used those materials to repair a leaky roof, you could sue the manufacturers for causing the problem. Or perhaps the construction crew working on your office building didn’t properly safeguard against water damage. This would also precipitate a lawsuit.
Did you suffer medical malady as a result?
You won’t be able to file a lawsuit for toxic mold unless you can prove that you sustained some sort of damage. For example, if you suffered health consequences of mold exposure, you could sue the offending party for medical tests and treatment. Of course, your doctors must be able to say beyond a reasonable doubt that your malady was caused by the mold, and not some other factor.
How much did it cost to fix the problem?
It is rare that a careful scrubbing of the affecting area will get rid of toxic mold entirely. In most cases, it is propagated because water damage is facilitated by some sort of structural unsoundness. If this is the case, you can file a lawsuit for the monetary damages of having to fix the problem, such as replacing a roof or installing new windows.
Was there a failure to disclose?
Most states have laws that protect the buyers of property from things like toxic mold. If the previous owners of the building should have known about the problem (or did know), but failed to disclose it prior to purchase, you might be able to file a lawsuit. Of course, if you didn’t have the property inspected and didn’t exercise due diligence, the courts may be unwilling to award you a penny for your troubles.
Do you believe that negligence was involved?
In some cases, toxic mold can be a result of negligence. For example, if a contractor doesn’t caulk or insulate after repairing your home, and water damage leads to mold, this might precipitate a lawsuit. You must be able to prove, however, that a reasonable contractor should know to take preventative measures to guard against the growth of mold.
