Toxic Mold Injuries Legal Liability
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If you have toxic mold medical bills and other correlating expenses, it may be in your best interest to contact a personal injury lawyer. You or your family may not be legally liable for the mold contamination, and it's important to get all the answers before you pay for the damage that was caused by others. Toxic mold exposure may be responsible for a number of health problems faced by individuals each day, and great strides are being made to end this epidemic in many states. However, much more needs to be done to ensure that this doesn't continue and that those who might be responsible are required to pay for their lack of disclosure and inefficiency.
Toxic mold may be responsible for a variety of illnesses, particularly if an individual has prolonged exposure to it. Some of the illnesses associated with toxic mold include internal hemorrhaging, damage to the nervous system, respiratory disease, and in some cases, fatalities may occur. Those in biggest danger are individuals with weaker immune systems, such as babies, young children and the elderly. There are many symptoms of mold exposure, so it is important to see a doctor immediately if any of the following persist: nasal and sinus congestion, burning, runny, watery eyes, blurry vision, shortness of breath, nausea and skin irritation.
The property owner is usually the first person suspected for legal liability in a toxic mold case. They are the party directly responsible for the maintenance of the building, and therefore should have prevented and/or eradicated the mold growth. Tenants of a contaminated building or home need only to prove that the owner was the responsible party. In some cases, the property manager or supervisor is charged with this duty. They, too, may have liability in a toxic mold case.
Property owners may be responsible for the building, but may not be liable for the mold contamination. Insurance companies may be liable if found to have delayed or denied a mold eradication claim, or if the insurer paid for a cleanup that was less than appropriate for the amount of damage. The owner could sue the insurance company for loss of use, relocation of tenants, and reimbursement for any remediation.
In addition to the insurance company, any other party found to be liable for the toxic mold infestation is also subject to court action. Included in this category of liability are builders with shoddy workmanship; suppliers of faulty, contaminated materials; realtors who knew of the mold but failed to disclose; architects who designed faulty ventilation systems; and building inspectors who failed to detect an obvious contamination. Liability in mold cases may be traced all the way back to the building's conception in order to find the cause of the mold.
Responsibility doesn't always translate into liability. Toxic mold cases are often fought, for example, over defects in materials and workmanship, failed disclosures, breach of contract, and simple negligence. Mold-related illness has also evolved into worker's compensation claims.
A personal injury attorney who specializes in toxic mold case law can help to determine liability, and also potential damages that emerge from a mold contamination. They can assist clients in recovering costs and losses that result from toxic mold injuries and illness, as well as the treatment they require.
These costs are tantamount to the total loss of wages due to illness and absence, medical expenditures, child care, and any eradication processes and rebuilding that may need to completed. In the worst cases, moving costs, long-term care and funeral expenses may be sought by those effected by the exposure.
