An overview of Toxic Black Mold Lawsuits
In a country where personal injury and negligence lawsuits are commonplace, it was only a matter of time before the United States saw lawsuits regarding toxic black mold. There are now several active lawsuits around the country regarding mold in residential or commercial buildings, and the exposure too their inhabitants.
Toxic mold, scientifically known as Stachybotrys, is the greenish-black mold that grows on material with high cellulose content, such as straw, fiberboard, dry wall, and paper. It does not grow on plastics and vinyl. Stachybotrys gives off powerful mycotoxins that are dangerous to human health when exposed to them. With the public becoming more and more aware of mold’s danger, and upon the decision of most health departments to label Stachybotrys as a health hazard, the path has been laid for lawsuits to commence.
Building owners, homebuilders, and insurance companies are all finding themselves on the defending end of litigation. Courts are taking these claims very seriously, and juries have already awarded large sums to people who have been negatively affected by toxic mold. Insurance companies have had to payout when they failed to pay for moisture-related repairs that eventually turned into a mold problem, and homebuilders have lost suits that claims bad workmanship contributed to the ability for Stachybotrys to grow and take over.
Here are some other examples of lawsuits resulting in high-dollar awards to those who suffered because of toxic mold:
- A group in California was awarded $1.3 million for claims against contractors that performed work so poorly it caused leaks and allowed mold to enter their homes.
- Two women in Delaware were awarded $1.04 million because their landlord failed to fix leaks which led to mold in the residence, as well as claimed health issues as a result.
- A homeowner in California was awarded $18 million against Allstate Insurance because of their refusal to approve claims for mold damage. The judge lowered the jury’s award down to $3 million.
If you are considering a toxic mold lawsuit, and want to know where to start, look at your situation. Just because you may have been harmed by Stachybotrys, you may not have any legal claims. You need to decide if you believe you are eligible for compensation. If you answer yes, based on health issues or property damage, you will then need to take into consideration several factors.
You must be aware of the Statute of Limitations regarding your claim. Filing as soon as you know the cause of your ailment or house’s condition will ensure you fall within the limitations. You must also establish that you were exposed to Stachybotrys at a specific location so that the suit can go forward against a specific building owner, contractor, or insurance company. Often, mold testing is needed for this. Finally, once you know what is causing the problem and where you located the problem, you need to know who the responsible party is.
An attorney will be trained at determining who is responsible to pay for the damage, as long as you meet the first two criteria. While filing suit will not solve your health or home problems, it does bring the problem into the publics’ view so other responsible parties take the threat of mold in the environment seriously.
