Mold is definitely a problem in some structures, but who to blame for that problem is a touchy subject. Do you blame the owner of the building? The contractors? The real estate developer? That answer is, it depends on who was responsible for taking care of the problem. There are many mold lawsuits, but there are also many cases found in favor of the defendant.
When you consider the difficulty of lawsuits concerning mold infestation, most of it stems from lack of proof. What were the damages done, and how can you prove that they were caused by mold?
Every personal injury lawsuit requires three things. The first is that there were damages. The purpose of the lawsuit is to compensate for damages, and this cannot be done unless there are actual damages. Secondly, the action or negligence of the defendant must have caused the damage. Lastly, the defendant must have had a duty to act. In other words, it was their responsibility to take care of the issue.
Mold can cause severe damage to property, but the most common reasons for a lawsuit are health consequences. Scientists have not technically proven that mold causes negative health consequences, but the association is generally accepted. As a result, the term “toxic black mold” has arisen. Additionally, people who have died from respiratory infections appearing to have been caused by mold have won lawsuits because of it.
Because the effects of mold can potentially lead to death, it is best to try to remedy a mold problem on your own if you cannot get a building owner or responsible provider to take care of it. Small mold problems are sometimes easily cleaned. Anything larger, or over 10 square feet, should definitely be handled by a professional. Additionally, it is important that proper Personal Protective Equipment (PPE) is worn. This includes face masks, gloves, and body suits for large mold infiltrations. It is possible that some parts of the structure will have to be removed, such as drywall or carpet. These items must also be removed without contaminating the rest of the structure. If you cannot do this properly, you should contact a professional mold removal company.
You aren’t likely to die from a mold infestation, but it is very possible to suffer adverse health conditions. None of these conditions are worth letting a mold infestation go unhandled. However, if you cannot get it handled due to the fault of someone else, you may be entitled to compensation through a personal injury lawsuit. Mold can be a minor irritant, but it can also lead to serious illness.