• Percentage of households in the U.S. and Canada affected with mold, according to a Harvard study: 50%.
• Amount of increase in respiratory problems for people living in homes where mold is present, according to the same Harvard study: 50 to 100%.
• Number of patients in the U.S. with chronic respiratory problems, according to the Mayo Clinic: 37 million.
• Percentage of cases of chronic sinusitis caused by mold allergy, according to a study by the Mayo Clinic: 93%.
• Number of mycotoxin molecules that could be carried by a single housefly: 7.35 billion.
• Number of people who could be killed by the amount of mycotoxin that could be carried by one housefly: 100,000

Toxic Mold in History

Toxic mold probably has been with mankind since the beginning of time.

Ergotism

A species of mold called ergot, which grows on wheat and rye, has been known for centuries to cause a disease called ergotism. People who eat ergot-infested grains develop circulation problems that can lead to gangrene and even death.

Biblical Mildew

In the book of Leviticus, Chapter 14, verses 33-57, priests are urged to inspect a house after a flood:

“If the mildew has spread on the walls, he is to order that the contaminated stones be torn out and thrown into an unclean place outside the town. He must have all the inside walls of the house scraped and the material that is scraped off dumped into an unclean place … After the stones have been torn out and the house is scraped and plastered, the priest is to go examine it, and if the mildew has spread in the house, it is destructive mildew: the house it unclean. It must be torn down … Anyone who sleeps or eats in the house must wash his clothes.”

King Tut’s ‘Curse’

Many treasure hunters and laborers became ill, and some died, after the discovery of King Tut’s tomb. This might be explained by reports that, when first opened, the walls of the tomb and the treasures therein were covered with thick, black mold.

Mold Prevention and Construction Materials

Many construction materials are available in a “mold-resistant” or “mold-proof” variety. Drywall is available without the traditional paper covering, which has been the site of much hidden mold growth. Mold-resistant plaster and paint incorporate a fungicide to keep mold from growing on surfaces. Mold-resistant lumber is impregnated with substances that makes it more waterproof as well as with fungicides. Interior finishing products, such as bathroom tiles, are sometimes advertised as mold-resistant.

However, keep in mind that mold-resistant building materials are more expensive and none of them can promise that no mold will grow under any conditions. Mold-resistant building materials might give homeowners an extra edge in areas of heavy rainfall, such as the Pacific Northwest, or high humidity, such as the Gulf Coast. But they must be used properly, according to manufacturer directions, and they cannot overcome basic design flaws that trap moisture. Talk to your building contractor about the possibility of using mold-resistant materials.

Mold Prevention and Construction Techniques

The greatest deterrent to mold growth is proper construction methods that keep ventilation and circulation a top priority, to control indoor moisture. Builders can take these precautions to guard against future mold problems:

• Seal all air conditioning duct joints where condensation might occur.
• Use wallpaper with an air-permeable backing, to keep from trapping moisture against walls.
• Provide for proper drainage of rainwater from the property, by correcting the grade and by using gutters and downspouts.
• Provide a floor drain near washing machines.
• Use water-resistant drywall backed by cement backer board for extra stability.
• Paint bathrooms with paint containing fungicide (or mildewcide).
• Install a high-powered bathroom ventilation fan.
• Avoid dirt floors in crawlspaces; cover with plastic sheeting. Open crawl spaces so they have the same ventilation as the rest of the living space.
• Install a layer of gravel under cement basement flooring to keep moisture from soaking up through the floor.
• Thoroughly waterproof the exterior of the foundation on all sides.
• Carefully seal the areas around all windows.
• Carefully seal any breaks in the roof around chimneys or vents.
• In cold climates, consider adding heating elements to gutters to prevent ice dams from forming on the roof.
• Avoid using fake stucco or other finishes that tend to trap moisture.
• Avoid using cellulose insulation; choose wall insulation designed for mold resistance.

Minimizing Mold Problems with Ventilation

The single most important thing you can do to keep mold from developing in new construction is to plan adequate ventilation. Ideally, each room should have multiple ways for air to enter and leave, including windows, doors, and vents. Whole-house air conditioning systems with proper drainage can pull a great deal of moisture from the air while moving air through the living space. Ceiling vents and roof fans can help draw air up through the house and out the top, providing a steady air flow that will tend to dry any moisture that might otherwise accumulate. Exhaust fans can keep kitchens and bathrooms dry.

If you are building a home, talk to your architect and contractor about designing in extra ventilation, to prevent mold build-up and to help your family breathe easier.

Toxic Mold After Flooding

Flooding, whether it’s caused by a gradually rising river or by a hurricane storm surge, poses the greatest danger of toxic mold development. Wet surfaces invite mold growth, and thoroughly saturated wood building framing can take a long time to dry out, especially if the rain continues to fall or the water continues to rise.

The first priority after a flood should be to dry out the living spaces as quickly and completely as possible, preferably within the first 24 to 48 hours after the water recedes.

• Set up fans, open windows and doors, and increase circulation as much as possible.
• Soft, upholstered furniture and carpeting might have to be taken out of the house so it can dry in the sun, or it might have to be discarded.
• Early mold growth should be cleaned with a strong bleach solution or fungicide cleaner, but after mold has begun to multiply, professional remediation probably will be required.

Mold Exposure and Rescue Workers

If you are trying to rescue your home or the home of a fellow disaster victim, be aware of your mold exposure. Wear a particulate respirator (a form-fitting mask that covers the nose and mouth, designed to purify the air you inhale by filtering out airborne particles) and goggles as well as gloves and clothing that can be double-bagged and discarded after use.

After working in a mold-infested area, shower and wash your hair thoroughly as soon as possible, to keep from spreading mold spores or irritating your skin. Many rescue workers who helped victims of Hurricane Katrina subsequently had health problems because of mold exposure.

Toxic Mold and Hurricane Katrina

The flooding caused by Hurricane Katrina left New Orleans and other warm, wet Gulf Coast communities with the perfect environment for mold growth. The problem was compounded by the fact that many homes affected by Katrina were left without electricity to power ventilation fans.

Both New Orleans and Mississippi reported significant increases in cases of respiratory problems in the months following Katrina. Government officials urged families whose homes showed more than 10 square feet of visible mold to seek professional mold remediation and to not reoccupy the homes until the remediation was complete.

Much of the repair work done on Hurricane Katrina-ravaged homes was done with mold-resistant paint and drywall, to keep mold at bay in the new construction should another hurricane arrive. Anyone owning property within a flood plain might consider anti-mold construction methods as an investment against future disasters.

A Toxic Mold Nightmare

In 2001, Renee and Paul Haynes began building their dream home in Oregon City, OR because they needed more space for their two toddler sons. The couple did much of the construction work themselves to save money, but they paid to have the building professionally framed. The framing was done in December, Oregon’s wettest month.

The family moved into their new home in March, and almost immediately, all began to feel sick. Four months after they moved in, everyone in the family was ill: the children had diarrhea, nausea, vomiting, and breathing problems. Renee suffered from dizziness and numbness. While working around the house, Paul Haynes accidentally knocked a hole in the wall and realized the insides of their walls were soaking wet. Tests confirmed that the walls were full of toxic mold. Three years later, a jury awarded them $489,000 in damages from their building contractor, but by then, both boys had suffered permanent neurological damage. The dream home was deemed uninhabitable and had to be burned down.

Successful Toxic Mold Litigation

Many toxic mold victims have successfully sued their insurance companies, landlords, builders, and employers for losses they suffered due to toxic mold:

• Television celebrity Ed McMahon agreed to a settlement of $7.2 million after suing his insurance carrier for what the suit called ineffective cleanup after a water pipe burst. McMahon said the resultant toxic mold made him and his wife ill and contributed to the death of the couple’s dog.
• Three people with disabilities in Baltimore, MD were awarded $375,000 from their landlord, the Housing Authority of Baltimore City. A jury ruled the housing authority failed to adequately repair roof leaks and plumbing problems that led to toxic mold infestation in one of their buildings.
• A judge awarded $270,000 to renters in a St. Mary’s County, MD apartment complex, saying their landlord had failed to respond to tenant complaints about water problems and had failed to maintain a safe living environment. The suit contended that plumbing problems had led to water damage and toxic mold, causing several tenants to become ill and require hospitalization.
• Twelve immigrant families in Alameda County, CA were awarded $1.3 million after suing their landlord for failing to eradicate toxic mold spawned by roof leaks in their apartment building. The tenants suit claimed they suffered from chronic sinus and upper respiratory problems because of the mold.
• A jury awarded two Delaware women $1.04 million for the asthma attacks they suffered when their landlord failed to repair leaks, resulting in toxic mold. A higher court upheld the award.
• A Texas homeowner received $4 million after a judge found his insurance carrier had acted in an unfair, fraudulent, and deceptive manner when evaluating for mold.
• A California homeowner won $3 million from a judge after his insurance carrier refused to honor his claim for mold damages.

Many employees have successfully sued their employers, which have included government agencies and school districts, because of illnesses they suffered from working in mold-contaminated areas. Thousands of lawsuits concerning toxic mold are pending in the courts nationwide. The number of suits grows exponentially every year as awareness grows about the problems of toxic mold.

This article contains information about mold lawsuits but is not intended as a substitute for qualified legal advice. If you would like to be put in touch with an attorney who has experience in handling mold-related claims, please fill out the form on this page to contact us for a referral.

Mold Damage and Your Insurance Policy

Mold remediation can be expensive; in some cases, it can cost more than $150 per square foot to treat a home for mold, which is about 10 times the cost of simply tearing out and replacing building material damaged in some other way. Many mold claims in California have been settled for more than $500,000, with a few claim settlements reaching into the millions.

Many policies have built-in exclusions that deter mold claims:

• Mold that grows as a result of flood damage might be disallowed if the policy does not cover flood damage, a common homeowner policy exclusion for properties in flood plains.
• Some insurance companies consider mold damage a failure by the homeowner to perform expected, routine home maintenance, because mold grows a little at a time.
• Your policy might include an exclusion specifically targeting mold.

Some insurance commissioners are sensitive to the issue of toxic mold, but your local agent might not be.

Mold Inspection After Flooding

If your property is damaged by flooding, it’s important to have a mold inspection as soon as possible. Mold inspectors can detect mold that is present, as well as point out areas of water damage that will become susceptible to mold if they are not properly dried out or treated.

An inspection by a certified mold inspector confirming the presence of toxic mold might become a vital part of your insurance claim. A professional inspection is also recommended after water damage in your home from any cause.

Legal Help if Your Mold Claim is Denied

Negotiating a settlement with your insurance company requires great patience and preparation. Be prepared for a series of meetings with insurance representatives, and expect that you might have to compromise about what you feel is a fair settlement. To improve your chances, you must:

• Keep careful records of all expenses related to your mold damage, including dates and amounts.
• Track down receipts for any items within your home that were damaged by mold.
• Document every contact with the insurance company or its representatives; send registered letters to follow-up on any phone calls.
• Be sure to present your claim within the time frame and in the correct form specified by your insurance contract as well as state law.

At some point in this process, depending on the complexity of your claim, you might decide to find legal assistance. Mold lawyers are familiar with case law concerning mold claims as well as all local and state ordinances that might affect your claim.

Some attorneys will accept your case on a contingency basis, working in exchange for a percentage of the eventual settlement. It is possible to handle your mold claim by yourself, but it’s safe to say that the biggest settlement awards have gone to cases where homeowners had legal assistance. The more serious and complicated your case is, the more you are likely to benefit from legal advice.

This article is for information purposes only and is not a substitute for legal advice. If you would like to speak to an attorney who has experience handling mold-related cases, please use the form on this page to contact us for a referral.

For More Information

Your state’s insurance department is a good source of information about how mold claims are handled in your area. The National Association of Insurance Commissioners lists insurance department contact information by state.

Conditions Right for Mold Growth

Mold can grow anywhere there is an edible, organic material and sufficient moisture. Mold can grow in a huge variety of environments: we are most familiar with mold that grows in warm, damp conditions, but some mold varieties can withstand very high temperatures, while other mold varieties can thrive in extremely cold conditions. There is even a mold variety called “dry rot” that can grow with very little moisture.

How Mold Spreads

Like all members of the fungi kingdom, mold is saprophytic, getting its nourishment from the breakdown of other organic material. Mold and other fungi are important in the Earth’s ecology because they help decompose other organic matter.

Mold colonies send out thread-like filaments that release enzymes to break down and absorb nutrients; when enough food is present, the filaments become wider and rounder, forming a patch of mold. Spores will develop on the ends of some filaments. When these tiny, durable mold spores are fully developed, the filaments release them into the air, where they are carried by air currents or anything they come into physical contact with. Mold spores are hearty and can survive even hot, dry conditions.

When a mold spore lands where conditions for mold growth are appropriate, it will send out its own filaments and begin the process again.

Danger in the Mold Life Cycle

Mold can cause a variety of health problems. In sensitive individuals, mold spores can cause a severe allergic reaction resulting in itchy eyes, nasal congestion, and even breathing difficulties. Mold spores also can be inhaled, and in some cases will grow into an internal fungal infection by forming a fungal ball in the lungs.

Established mold colonies are living things, and like all living things, they eat and excrete. Mold eats the surface upon which it grows, along with water, and excretes a digested form of that material. In some mold varieties, the excretion is a highly toxic compound called a mycotoxin. Mycotoxins can be absorbed through the skin and can cause rashes and irritation; they also can be inhaled. Inside the body, mycotoxins can wreak havoc with the human nervous system. Some mycotoxins suppress the immune system, and some are considered potent carcinogens (cancer-causing agents).

Mold Inspection and Home Buyers

Buying a home infested with toxic mold can cost you thousands of dollars in clean-up fees. Some mold problems cannot be eradicated, which would leave you with a house that could not ever be lived in or resold.

If you’re in the market for a new place to live, take a thorough tour of the property and search for any signs of water damage, which might have created hidden toxic mold. Seriously consider having a professional mold inspection before you buy, especially if the property is in the most humid states — Florida, the Gulf Coast, and the Pacific Northwest — or if the property lies within a flood plain. Tell your real estate agent that you want your offer to buy a house to have a contingency clause that the house be certified mold-free; if an inspection uncovers mold, your offer can stipulate that you have the option to back out of the negotiations without penalty.

Mold Cleanup Advice for Property Owners

Before you put your property on the market or put up a For Rent sign, check the living and storage spaces for hidden mold. If you find any indication of dampness or water damage, consider having a professional mold inspection. It’s better to discover a problem and clean it up before you enter into any property transaction. Don’t think about painting or plastering over mold; you cannot kill mold this way, and you might even be giving mold the conditions it needs to thrive. Either take all necessary safety precautions and do the cleanup yourself, or hire a professional mold eradicator.

Some states now require “mold disclosure” notices from people who want to sell or rent their property, advising prospective buyers or tenants about the possible dangers and alerting them if mold previously has been found and eradicated on the property. Find out what laws apply in your area to protect yourself from future liability.

If you would like to be referred to an attorney with experience in handling mold-related legal issues, please fill out the form on this page.

Builders and Agents

If you are building your home or contracting to have one built, consider ventilation and air circulation to prevent mold. Choose mold-safe building materials, such as drywall that has no paper liner. Consider drainage of the land around your home, and take adequate measures to seal your foundation against water leakage. Best practices for builders include keeping moisture out and being sure moisture that does occur in the house is not trapped, but can evaporate quickly and naturally.

If you are a real estate agent, be especially cautious about determining whether mold is or has been present in any property you represent. A 2002 Louisiana State University sampling of 1,000 random real estate agents found that 19 percent of them already considered toxic mold a serious issue in their businesses. As mold awareness has increased, that number undoubtedly has increased as well.

When to Suspect Hidden Mold

Even if you cannot easily spot areas of toxic mold in your home, you should do a thorough investigation if:

• Any room in your home has a continuous damp, musty odor.
• Your roof leaks in very heavy rain or when ice dams form.
• Your home has been subjected to flooding or storm water damage.
• People who live in the house complain of unexplained headaches, sinus problems, coughs, asthma, dizziness, or skin rashes.

Where to Look for Hidden Mold

Toxic mold needs moisture to grow, so check the areas around all water sources, including:

• Areas under kitchen sinks, where kitchen mold hides.
• The back walls of cabinets.
• Areas around drain pipes.
• Under and behind the refrigerator, where water might condense or collect in a drain pan.
• Areas under bathroom sinks and near bathroom tubs.
• In back of toilets, inside toilet tank and toilet bowl.
• Bathroom shower curtains, window curtains, cabinets.
• Areas near hot water heaters.
• Areas near air conditioning and heating ducts and intake vents.
• Inside ductwork.
• Under and in back of washing machines and dryers.
• Attic walls; try to trace the path of any roof leaks.
• Basement walls and floors; check in corners and behind furniture.
• Any place where furniture touches a wall; behind beds.
• Near rain gutters; in outdoor foliage.
• On the back walls and floors of closets; within bags of fabric or clothes.
• Behind wallpaper.
• Under wall-to-wall carpeting.

If You Find Toxic Mold

Remember that moving moldy materials can cause the mold to release even more spores into the air. Tearing down moldy wallpaper can saturate a room with mold spores, which will travel to distant parts of the house and attempt to start new colonies.

If you find hidden toxic mold, learn how to remove it safely or call a professional mold remediation service for advice.

Mold Asthma and Allergies

Because their lungs and immune systems are not yet fully developed, children are vulnerable to having health problems from mold. These reactions can include potentially life-threatening mold allergic reactions and mold asthma. In children with pre-existing asthma, mold exposure can trigger attacks. In children with no known health problems, mold exposure can cause common allergic symptoms — itchy, red eyes, skin rashes, nasal congestion — as well as asthma. Mold asthma is characterized by a wheezing cough that indicates constricted airways and trouble breathing. Medication can help alleviate a child’s reactions to mold, but only removing the mold itself can resolve the child’s symptoms permanently.

Learning Disabilities and Mold Exposure

A child’s immature nervous system is also especially vulnerable to the effects of the mycotoxins produced by toxic mold. Exposure to toxic mold during infancy and early childhood can disrupt normal neurological development and have a lifelong impact on a child’s ability to think. Toxic mold can produce neurotoxins that not only cause fatigue, dizziness, and headaches in children, but can damage their growing brains. Toxic mold has been linked to dyslexia and hyperactivity in children.

SIDS and Mold Exposure

According to the Environmental Protection Agency, toxic mold exposure is being investigated in connection with the deaths of several infants in Ohio. Some experts speculate that mold asthma has been misdiagnosed as Sudden Infant Death Syndrome, cases in which an apparently healthy infant suddenly stops breathing without apparent cause. Mold exposure also can cause pulmonary hemosiderosis, or bleeding in the lungs. Many infants whose death was determined to be SIDS were found with unexplained blood in the mouth. The ability of toxic mold to also interfere with neurological processes makes it especially dangerous for babies two to three months of age, who are at the highest risk for sudden death.

Mold Exposure and Your Child

What can you do to keep your child safe? Experts recommend you observe your child closely to see if symptoms of allergic reaction are associated with his/her environment. Does s/he feel well in the morning, but ill when on returning from school? School mold might be a factor. Has s/he been having breathing difficulties since you moved into a new home? Mold in the new home might be triggering those health problems.

If you discover mold and decide to remove it yourself, or have it professionally eradicated, move your children to a different location during the entire mold removal process, to prevent additional mold exposure.

Always consult a physician if you have any concerns about your child’s health.

Humidity and Mold

Any indoor area where the relative humidity is at or above 55 percent presents the potential for toxic mold growth. Bathrooms and kitchens, where water is often in use, are likely to be the most humid rooms in any home. Basements and crawl spaces might also have high humidity levels. Rooms with houseplants or water features, such as aquariums or fountains, may exceed the 55 percent relative indoor humidity level that encourages mold growth.

Detecting and Monitoring Humidity

Humidity sensors, also called moisture meters, are available in many hardware stores for less than $20. These meters provide a continual digital readout of the amount of moisture in the air. Experts suggest you monitor humidity levels in:

• Every kitchen and bathroom, especially near sinks and toilets
• The attic, especially between the roof and the ceiling
• Inside wall cavities, especially if there has ever been water damage
• The basement and any crawl spaces
• Inside closets, pantries, and cabinets
• Inside heating/air conditioning ductwork, especially near the filter

Toxic Mold and Ventilation

Mold grows best in areas where moisture becomes trapped, such as behind wallpaper, or between a piece of furniture and a damp wall. The solution to controlling indoor mold is to provide ventilation that keeps air moving and gives humidity a chance to evaporate. Every living space must have a means to take in and release air; storage spaces can be vented or modified to allow air circulation and prevent moisture buildup.

Experts suggest you control indoor humidity by:

• Adjusting ventilation so the intake is slightly higher than the exhaust, creating a slightly higher level of air pressure inside than outdoors.
• Providing ventilation to outside for appliances such as clothes dryers and range hoods. Every combustion appliances, including stoves, fireplaces, and furnaces, create some moisture.
• Maintaining duct work and ventilation systems, sealing cracks and keeping doors tight-fitting, and fans fully operational.
• Store firewood outside the living space.

Toxic Mold and Dehumidifiers

In areas where the relativity humidity cannot be brought down below 55 percent by ventilation alone, dehumidifiers can help. These appliances use fans to pull moisture from the air, then condense and store the water in sealed tanks, which you can carry outside the house for disposal. Dehumidifiers come in a range of sizes. Experts say several small units at various locations in the home are more effective than one central unit. Basement and bathroom dehumidifiers are often most effective.

Air conditioners serve as a sort of dehumidifier by condensing water and shuttling it outside. Running a window air conditioning unit can help lower indoor relative humidity. Be sure the air conditioning unit is properly vented so water drains outside and away from the house.