Why Mold Lawsuits are on the Rise
Lawsuits against building owners, contractors, and insurance companies have skyrocketed over the last 10 years. Many people blame the increasing American culture of wanting to sue. However, many factors play into the overall increase of claims being filed. Many fears of mold, and the claims that go with them, are without warrant, though there are a number of valid claims that are filed every day. Judges and juries have already awarded millions in several lawsuits regarding health and home damage that resulted from mold exposure. Following are a few of the reasons we have seen an increase in claims.
- The public is more knowledgeable: Perhaps 20 years ago, people didn’t as readily know about mold as they do today. We weren’t aware of its causes or risks, or that it could be prevented. Now, if mold is left untreated, the public is aware that there is negligence that can be claimed against another party. Most people affected by mold want the responsible party to take action, and often a lawsuit is the only way to achieve that.
- Mold is more common than people realize: Mold spores are present in every home and every building. It is impractical to eliminate all mold spores in the air, but it is not as impossible to prevent them from growing. Even so, mold easily grows in moisture-filled areas such as between and on walls, in bathrooms, under floors, and under roofs.
- Moisture-related damage is common: The Southern states deal with humidity every year, but areas that don’t deal with humidity may be prone to natural disasters such as flooding. In addition, it is common for damage to appear because of plumbing leaks, broken pipes, or inefficiently installed HVAC systems. Moisture is the number one cause of mold.
- Cross claims and counter claims: Once a claim is filed, for instance, against a contractor, that contractor may in turn file a cross claim against another defendant, such as a subcontractor. Anyone involved in a new construction project can be liable, from contractors to architects, and most everyone involved usually ends up having a claim against them. Counter claims are when the defendant files a claim against the plaintiff, usually claiming that their own negligence caused the damage.
- People spend more time indoors: Society is spending more and more time indoors, either working or relaxing at home. As our culture strays away from spending more time outdoors, we will use more water indoors, bring more mold spores inside, and overall contribute more often to the conditions that enable mold to grow more readily.
In desert states such as Arizona and New Mexico, the number of mold claims against insurance companies continues to rise faster than in any other part of the nation. This is due to the increase in new construction, as well as the need of the occupants to use air conditioners, which can trap and redistribute mold spore. With more homes being built, more water being run into commercial buildings, and more people being aware of the hazards of mold, lawsuits will only continue to rise until legislation or insurance limits are put in place.
