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Toxic mold cases have emerged as a significant concern for tenants facing health issues due to mold exposure in their homes. Understanding the legal implications and the role of an attorney near you can help victims navigate this complex area of personal injury law effectively. This blog post provides essential information on what constitutes a toxic mold case and how to seek legal recourse.
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Discover everything you need to know about toxic mold cases, including health effects, landlord liabilities, and tenant claims. If you’re facing mold-related issues, find an experienced attorney near you to help navigate your legal options and secure the compensation you deserve.
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personal-injury/common-personal-injury-cases-legal-implications/asbestos-environmental-hazards-toxic-exposure-guide/mold-cases-health-risks/what-is-a-toxic-mold-case-toxic-mold-lawsuits
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Flat vector illustration of a tenant presenting a toxic mold case in court, with legal symbols like a gavel, scales of justice, and a house with visible mold growth representing legal claims and landlord liability.
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Mar 4, 2025 09:01 PM
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What is a Toxic Mold Case? Everything You Need to Know
Lawsuits involving environmental contaminants, such as lead paint and asbestos, are fairly common. But a new contaminant has become an increasingly common subject of litigation: mold. There's significant debate in the scientific community about whether "toxic mold" is actually toxic. It's also unclear whether mold-related illnesses exist.
Different types of mold can produce varying effects. One type of mold, Aspergillus, exists in soil and can produce toxic substances (known as mycotoxins) which irritate the lungs. Stachybotrys chartarum (also known as black mold spore), is common in buildings with water damage. It can be present in damp basements, especially those with drywall building materials. Mold can also grow inside air conditioning ducts due to moisture build-up, which can cause property damage.
Health Effects of Toxic Mold
The Centers for Disease Control acknowledges that toxic mold exposure can produce health effects such as:
- Stuffy nose, sore throat, coughing, and wheezing
- Burning eyes and skin rash
- Worsened asthma
- Lung infections in people with weaker immune systems
Given that toxic mold injuries are common, juries have awarded multimillion-dollar verdicts to tenants. Landlords and insurance companies who fail to take measures to prevent mold infestation can become liable.
Landlord Defenses to Liability
There are no federal laws and few state laws that specifically mention mold. Some states, like California and Texas, require mold remediation and disclaimers. It is generally illegal for landlords to rent a property that is unfit to live in, or "uninhabitable." Mold that causes health problems for tenants arguably makes a living space uninhabitable.
Tenant Causes of Action (Claims)
Tenants who become ill as a result of the presence of toxic mold may be able to sue their:
- Landlord
- Insurer
- Contractors or subcontractors
- Architects, material suppliers, and manufacturers
- The previous homeowner
Legal action can be taken for monetary damages to cover expenses related to the mold, such as medical expenses. Other than medical bills, tenants can also recover:
- Rents improperly collected while a dwelling was uninhabitable due to mold
- Damages for pain and suffering resulting from mold exposure
- Lost earnings as a result of missing work
- Costs incurred to remove mold
Conclusion
A personal injury lawyer with a toxic mold practice area can help you devise a strategy to recover for these issues. In a case evaluation, they can assist in determining the claims that are most likely to succeed in your state. They can also help identify defendants and retain expert witnesses that can help prove the connection between your medical issues and the presence of mold.
ReferU.AI is the only platform that leverages AI to efficiently and accurately assess each user's unique legal needs and objectively recommend attorneys based on their proven success in similar cases according to actual court records. By providing smarter results, users gain easier access to better representation and outcomes. Learn more about ReferU.AI.
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