Toxic Mold Exposure: When Can You Sue?

Mold, an often-unseen household menace, affects an estimated 70% of homes. While some mold is harmless, “toxic mold,” like Stachybotrys chartarum (black mold), can cause significant health problems. If you’ve been exposed to toxic mold, you might be wondering, “When can you sue?” This blog post will explore the circumstances under which you can pursue legal action for toxic mold exposure, focusing on key considerations and providing guidance on protecting your rights.

Understanding Toxic Mold and Its Dangers

Toxic mold refers to specific types of mold that produce mycotoxins, toxic substances that can cause various health issues. Exposure occurs through inhalation, ingestion, or skin contact. Health effects vary depending on the individual, the type of mold, and the extent of exposure.

Common symptoms of toxic mold exposure include:

Respiratory problems (wheezing, coughing, difficulty breathing).
Nasal and sinus congestion.
Throat irritation.
Eye irritation (burning, watery eyes).
Skin rashes.
Headaches.
Fatigue.
Memory loss and cognitive issues (“brain fog”).

People with allergies, asthma, weakened immune systems, or chronic lung conditions are more susceptible to severe reactions. Long-term exposure can lead to more serious conditions, including fungal infections, hypersensitivity pneumonitis, and neurological problems.

When Can You Sue for Toxic Mold Exposure?

A mold lawsuit is a personal injury claim filed against a party responsible for the conditions that led to toxic mold growth, resulting in health problems or property damage. To successfully sue for toxic mold exposure, you generally need to establish the following:

Presence of Toxic Mold: Identify the type and level of mold present in your home or workplace through professional mold inspection reports.
Negligence or Breach of Duty: Prove that the defendant (e.g., landlord, property manager, contractor) had a duty of care to prevent mold growth and failed to uphold that duty.
Causation: Establish a direct link between your mold exposure and your health problems or property damage. Medical records and expert testimony are crucial here.
Damages: Document the harm caused by the mold exposure, including medical bills, lost wages, property damage, and pain and suffering.

Who Can You Sue?

Potential defendants in a toxic mold lawsuit may include:

Landlords: Landlords must provide habitable living conditions, including maintaining a mold-free environment. They may be liable if they knew or should have known about the mold and failed to take action.
Property Managers: Similar to landlords, property managers are responsible for maintaining the property and addressing mold issues.
Home Sellers: In most states, sellers must disclose known defects, including mold, that could affect the property’s value or desirability.
Contractors and Subcontractors: Negligence during construction or repairs, such as failing to properly seal moisture, can lead to mold growth.
Architects and Engineers: Design flaws that contribute to moisture accumulation and mold growth can result in liability.
Building Material Suppliers and Manufacturers: Faulty materials that promote mold growth can be grounds for a lawsuit.
Employers: Employers have a responsibility to maintain a safe working environment. Workers’ compensation may cover mold-related illnesses, but in some cases, a personal injury lawsuit against a third party may be possible.

Common Scenarios for Toxic Mold Lawsuits

Rental Properties: Tenants can sue landlords for failing to maintain a habitable living space, which includes addressing mold issues caused by leaks, flooding, or other structural problems.
New Home Builds: If a new home develops mold due to faulty materials or construction, the homeowner may have a claim against the builder, architect, or suppliers.
Repairs After a Disaster: If repairs following water damage are done improperly, leading to mold growth, the responsible parties may be liable.
Workplace Exposure: Employees who develop health problems due to mold exposure at work may be able to file a workers’ compensation claim or, in some cases, a personal injury lawsuit.
Failure to Disclose: Buyers can sue sellers who knew about a mold problem but failed to disclose it during the sale.

Proving Negligence in a Toxic Mold Case

To prove negligence, you must show that the responsible party failed to exercise reasonable care, leading to the mold exposure. This may involve demonstrating:

Failure to address water damage or moisture issues promptly.
Inadequate maintenance or repairs that contributed to mold growth.
Failure to disclose known mold contamination.
Ignoring complaints or concerns about mold.

Damages You Can Recover

If you successfully sue for toxic mold exposure, you may be entitled to compensation for:

Medical Expenses: Costs associated with diagnosing and treating mold-related health problems.
Property Damage: Costs to repair or replace damaged property, including furnishings, clothing, and personal belongings.
Lost Wages: Income lost due to missed workdays or reduced earning capacity.
Pain and Suffering: Compensation for physical discomfort, emotional distress, and reduced quality of life.
Relocation Expenses: Costs associated with moving to a mold-free environment.
Punitive Damages: In cases of extreme negligence, the court may award punitive damages to punish the defendant.

Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. The statute of limitations for mold cases varies depending on the state and the type of claim (e.g., personal injury, property damage). In many states, the statute of limitations for personal injury claims is two to three years from the date of discovery of the injury or when it should have been discovered.

Example: In Georgia, the statute of limitations is two years for personal injury claims and four years for property damage. In Illinois, it is two years for personal injury claims, with the “discovery rule” applying, meaning the clock starts when the illness or exposure is uncovered. In New York, the statute of limitations is three years from the date of discovery of the injury or when it should have been discovered.

Steps to Take If You Suspect Toxic Mold Exposure

Document the Mold: Take photos and videos of the mold growth, water damage, and affected areas.
Notify the Responsible Party: Inform your landlord, property manager, or employer in writing about the mold and request an inspection and remediation.
Seek Medical Attention: Consult a doctor experienced in mold-related illnesses.
Obtain a Mold Inspection: Hire a qualified professional to test the mold and assess the extent of the contamination.
Preserve Evidence: Keep records of all communication, medical bills, property damage, and other expenses.
Consult an Attorney: Contact a personal injury attorney experienced in toxic mold cases to discuss your legal options.

Challenges in Toxic Mold Litigation

Toxic mold cases can be complex and challenging due to:

Scientific Debate: There is ongoing debate in the scientific community about the specific health effects of mold exposure and permissible exposure levels.
Causation: Proving a direct link between mold exposure and health problems can be difficult, requiring expert testimony and medical evidence.
Insurance Coverage: Insurance companies may deny or limit coverage for mold-related claims.
Statute of Limitations: Strict deadlines for filing lawsuits can be easily missed.

Advice

If you suspect toxic mold exposure, acting quickly and documenting everything is essential. Consulting with a qualified attorney can help you understand your rights and navigate the legal process. Remember, early action can significantly impact your ability to recover compensation for your injuries and losses.