Legal Aspects Of Mold Contamination
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A mold problem can be financially devastating for a property owner, who must then take expensive measures to eradicate the mold and to prevent its return. There's also the headache of relocating either themselves, or their tenants, until the mold is under control. All of these make mold contamination something that a property owner should not ignore. Mold contamination is a source of medical problems, particularly for those with weakened immune systems, infants, young children and the elderly.
The discovery of mold is potentially problematic for people other than the property owner. This leads to the biggest financial liability of mold contamination: the resulting litigation. Mold contamination is usually preventable, as are the illnesses to which infected residents succumb. Therefore, any illness resulting from a mold contamination results in grounds for litigation. Mold is a silent, and sometimes deadly villain.
In the past those filing suit have won large rewards after a connection has been made between a prolonged exposure to mold, which can be found both indoors and out. Mold infiltration may begin in building materials and quickly grown and expand. When mold spores are ingested, inhaled or absorbed through the skin, illnesses develop that may include internal hemorrhaging, dizziness, severe allergic reactions, respiratory issues and neurological damage. Some fatalities have also been attributed to prolonged contact with toxic mold.
Mold cases fall under the category of personal injury law, and are covered by personal injury attorneys. Since the late 1990s, this branch of law has seen a sharp rise in the number of mold cases argued in civil courts, thus, many more attorneys are knowledgeable about the topic, and more prepared. Mold cases usually hinge on the issue of negligence, because the mold contamination should have been preventable. Therefore, it's imperative that attorney's provide as much physical evidence as possible to ensure those they represent that there will be a positive outcome.
The award amounts have also sharply increased as more and more cases of mold contamination have been linked to a growing list of illnesses. The assignment of liability in these cases has widened over the years also. The contamination may start in the raw materials, during the building process, or may have developed, truly, at anytime. Therefore, it's important that a professional and an inspector conduct a proper investigation of any property that has been plagued by toxic mold.
Liability in mold cases changes with every situation; however, the universal aspect is the prevention of the mold contamination. This casts a wide net over anyone who is involved with the effected property, from its excavation to its monthly maintenance. Contractors, architects, materials suppliers, landlords, and even insurance companies have all been defendants in mold cases.
Negligence is the primary cause of action in a mold case, but it isn't the only one. Lawsuits have been brought on the grounds of fraud, breach of contract, constructive eviction, and failure to disclose. Mold has also become central to worker's compensation cases. An attorney who specializes in toxic mold can look at each individual complaint and find the appropriate course of action that will bring the case before a court of law. It's essential for the attorney to determine and record where the mold developed, as well as if there was a failure to disclose information pertaining tot eh the origins and the spread of this silent danger.
Immediate attention is needed in mold cases prolonged exposure can cause serious illness and extensive property damage. If mold is found at any time, notify your local health department immediately. Then, consult a doctor for any injuries and, finally, a personal injury attorney.
