The Legal Issues Surrounding Toxic Mold
by
Andrea Fabry
What happens when water damage strikes your home and mold proliferates throughout the house? What if a mold remediation company makes your situation worse or a builder takes shortcuts? Do you have legal options?
If you have been injured by toxic mold, your first step is to identify the party or parties that may be liable. This of course depends on whether you own or rent, or whether the injury occurred in a public building such as a school or workplace.
Under the landlord-tenant laws of most states, landlords are subject to a legal doctrine called the “implied warranty of habitability,” which makes the landlord responsible for keeping the rental property free of health hazards such as a mold infestation.
Always weigh your options carefully when pursuing legal action. The lack of government regulation can make this an uphill battle. However, resources like these can help as you determine your wisest course of action.
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3 comments
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Oh my gosh I can not begin to thank you enough for sharing this with us .... In March of 2013 my sister got really sick , thought it was pneumonia turned out it was congestive heart failure brought on by the mold in her basement that showed up one month after she closed on the home and they moved in ...she has not set foot in her home since then and it has been nothing short of hell on earth for her and her daughter and 2 grand children.... who have been exposed since they were 2 until they were 8 ... the home has been sitting empty and well ...long story short they needed this info THANK YOU
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Andre, you give a great advice about identifying the party or parties that may be liable to the mold issue. Your advice had me thinking about my aunt's situation that happened a month ago when she bought her home. During the first week of living there, she noticed signs of mold in her laundry room. Due to her findings, she ended up calling a mold remediation team about fixing that and also contacting the company that built her home. http://personaltouchservice.com/services/mold-remediation/
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