Toxic black mold in your home can be costly. And in many cases, the mold is not your fault. Like any other expense or injury that happens to you because of another person, the damage caused by toxic mold can be compensated — but this often involves filing a lawsuit.
Unless your homeowner’s policy specifically excludes toxic mold, claims for toxic mold should be handled in the same timely manner as any other claim. The insurance industry has been overwhelmed by claims for toxic mold damages in the past 10 years, and many insurance companies do not respond to claims for toxic mold damage unless they are compelled to do so by a court order.
If you are a tenant, your landlord is responsible for maintaining a safe and wholesome living unit, which includes keeping it free from mold. But you might have to file a lawsuit to compel your landlord to address toxic mold issues in the home you rent.
Who Has Toxic Mold Laws?
There is no federal law covering toxic mold in the home, but many states and some municipalities do have laws covering toxic mold in public buildings or homes. California is on the cutting edge of laws governing how toxic mold issues are handled, but some other states have no toxic mold laws, and others have passed legislation to protect building tradesmen, real estate agents, and others from liability for mold damages.
Health problems resulting from mold exposure are considered personal injuries and can be handled as personal injury lawsuits.
If you purchased a product — for example, a water heater — that was defective and caused flooding and resultant mold damage, or if you lost money because you unknowingly purchased a mold-contaminated home, or because you had to spend money to live somewhere else while your home underwent mold remediation; those losses are considered civil wrongs, or “torts.” A tort can become the basis for a lawsuit.
If You Have Mold-Related Losses
Your first course of action whenever you feel you’ve been wronged financially should be to talk directly to the person who can resolve the problem. Start with your insurance agency, your landlord, or whomever you believe is responsible.
Document every contact you make about this matter, including the time, day, date, what was said by both parties, and any promises made. End every such conversation with a firm date by which the next action should be accomplished and document that date. If you have these conversations by phone, follow with a letter recapping what was agreed upon. Save copies of all letters.
Hire a mold inspector or mold remediation professional to test for the presence of toxic mold in your home and the scope of the problem. You will need firm evidence that a problem exists if you later take the matter to court.
Keep records of every doctor visit, every prescription, and every lost day of work. Tell your doctors and your employer that you believe you have been exposed to toxic mold, so that fact is noted in their records.
Keep receipts for relocation and any other expenses that arise from your mold problem.
Talking to a Mold Attorney
The experts in local law as it relates to toxic mold are local personal injury attorneys. Attorneys who deal specifically in mold issues can be found in every state.
If you have evidence that you have suffered any kind of loss because of toxic mold, talk to a mold attorney about possible litigation. He or she can give you specific instructions on what else you should do to establish a case. Some attorneys will work on a contingency basis, trading their services for a percentage of any award you receive.
If you are buying, selling, or building a house — especially in an area where mold is a common problem — consult an attorney before signing any contracts, so you can take the appropriate measures to protect yourself in case the house has hidden mold that later becomes a problem.
This article is not intended to provide legal advice; the best source for such advice is an attorney with experience in handling mold-related legal issues. If you need help locating an attorney with this kind of experience, please fill out the form on this page to contact us for a referral.
You must log in to post a comment.