Determining Liability For Toxic Mold Exposure

17 May 2018
Categories: Law, Blog

Toxic mold is a rather dangerous organism that can leave your household reeling from serious respiratory ailments if they have been exposed to it. This is why it makes sense that you will be looking for someone to blame and pay the damages in case the toxic mold is as a result of another person's negligence. Well, here are the usual culprits as far as residential toxic mold exposure is concerned.

Contractors and Subcontractors

For you to hold anyone liable for your injuries, you must be able to prove that they did something or failed to do something that led to your injuries. In the case of contractors and subcontractors, there are several ways of doing this. For example, mold thrives in moist places, and there are structural or contraction mistakes that increase the risks of water leaks. If you can prove that a contractor or subcontractor made such a mistake, and the leak caused mold growth, then you may be able to hold them liable for your mold exposure.

Suppliers and Manufacturers of Construction Materials

Any supplier who supplies you with defective materials may also be liable for your injuries if you can prove that their defective products encouraged mold growth. However, if the defect is traced back to the manufacturer, then you may be able to hold them liable instead of or in addition to the suppliers. Consider a manufacturer or supplier who supplies you with defective waterproofing materials that end up causing you serious water leaks and mold growth. Another example is a supplier of plumbing pipes who supply you with damaged pipes that end up causing hidden water leaks. You should be able to hold both of these parties liable for your damages.

The Previous Owners of the House

Lastly, if you are not the first owner of the house, then you should also consider claiming damages against the immediate previous owner. In this case, you can use the legal theory of failure to disclose, which allows you to claim damages against a property owner who knows that their house is defective but hides the information from a buyer. Maybe the seller knew that disclosing the mold problem would lower the price of the house. Whatever their reasons for hiding the information from you, you will need to prove that the seller knew about the mold infection while selling the property to you.

Winning a toxic mold case isn't easy; you have to prove that the toxic mold caused your injuries and that the defendant's actions/inaction caused the mold growth. Consult a personal injury lawyer at firms like Lerner, Piermont & Riverol, P.A. to help you pursue this claim and increase your chances of recovery.

About Me

I have worked as a legal office assistant for about 20 years. The office specializes in personal injury claims, and many clients are looking for settlements. I have great compassion for the individuals I see, and most people are looking for money to pay their bills. Unfortunately, insurance claims are difficult and clients often file the wrong paperwork. They don't see many doctors due to costs, and settlement offers are generally low. I know that lawyers can help to raise claims substantially. They know the law and they can offer advice to clients so good results are seen. I want you to learn some basic information about personal injuries, insurance settlements, and the general claims process. Your rights and needs are important, but it's difficult to secure a settlement if you know nothing about the law. Gain some knowledge today, so your personal injury decisions are the right ones.