Legal Issues With Mold Contamination
The presence of mold in a home or business can have adverse effects on the health of those who spend time in that building. Long-term exposure to certain types of mold can even be fatal. How are your rights protected when it comes to mold problems?
In cases involving mold on rental property, the landlord has the responsibility of making sure that the property is safe for habitation, including freedom from mold contamination. If you are a renter and discover mold on the property, inform your landlord and they should see to having the mold remediated. Landlords who fail to see to this problem may be successfully sued by their tenants.
In such lawsuits, the tenant will have to prove damages or illness as a result of the presence of mold. This can be done by hiring a home inspector to evaluate the property, as well as having the air quality tested. Remember the burden of proof lies with you, the tenant, but a successful case allows you to recover damages and expenses related to the mold scenario on the property.
Home buyers have a right to know if the property they are looking to purchase has any sort of mold problem. Mold that once existed but that has been eradicated does not need to be disclosed, however any current conditions should be. New home buyers who discover mold that was not disclosed to them may have legal recourse against the seller.
It is also the duty of employers to make sure that the workplace is safe and free from problems such as mold and indoor air quality. Employees may be entitled to recover damages from any illnesses related to workplace mold, and the employer must remove all signs of mold contamination from the workplace.
The following damages may be collected as a result of lawsuits involving mold:
– Any and all medical expenses incurred, including future expenses beyond the time of the litigation
– Pain, anguish, and suffering
– Loss of wages as a result of illness related to mold
– Loss of capacity to earn income
– Damages due to loss of companionship, comfort, financial loss, in case of death due to illness caused by mold contamination. These are collected by survivors of the deceased.
– Destruction of property
– Punitive damages
If you have suffered in any way from mold contamination, then it is important that you contact a lawyer immediately to seek legal guidance and counsel.