Toxic Mold Legal Claims

Being exposed to toxic mold in your home or in your workplace, you may consider filing charges against those who are accountable for the injuries sustained. When you do, take note that claims will depend on factors like the conditions and degree of your exposure and the facts around your injury. This page will provide you with important basic information about the probable personal injury and property damage claims that may come up due to toxic mold exposure.

Who is Liable for Toxic Mold Injuries?

When you experience injury due to exposure from toxic mold, you may be held liable for your health problems, remediation costs, and structural damages the following parties:

  • Contractors and Subcontractors that include general contractors, framers, roofers, siding/stucco contractors, and the like;
  • Architect/Structural Engineers include parties who were unable to include mold prevention in its design;
  • Material Suppliers and Manufacturers which include siding producers, window manufacturers, and the like;
  • Previous Homeowners for failing to reveal known problems.

Probable Damages from Toxic Mold Injuries


You can claim for medical tests and treatments if you suffered a disease due to a toxic mold problem in your home or workplace. The number of your claims will be based on the degree of your disease and resulting medical costs.

Clean-Up and Structural Repairs

Mold and water can result in severe structural damage in your home or a commercial building. The claims for property damage may entail the costs of repairing the structural elements like windows, ceiling tiles, walls, moldings, and floors. There are many times when these structural elements will need to be eliminated and replaced since they have been weakened, and they are ineffective in controlling the moisture or maybe because cleaning alone will not be enough to return the structure to return the structure into a habitable condition.

Expenses for the clean-up in the infected ventilation systems may be huge. It is very hard to check the ventilation system without a professional help.

Legal Theories of Liability for Toxic Mold Injuries


Negligence is one of the most common theories in mold cases. It is defined as the failure of a liability party to use precautions that an individual of reasonable prudence will apply during similar conditions. As a sample, the contractor in mold legal case may be negligent because the contractor was unable to apply reasonable precaution in sealing the moisture out from your home or commercial building, and this inability resulted to an infestation of the mold from disease, structural damage, and/or excess clean-up expenses.

Violation of Warranty

There are many statutes that need the builders and architects to guarantee their performance for the particular time. When your home or commercial building experience mold infestation due to faulty workmanship, you may obtain a warranty claim. You can find an experienced lawyer and discuss your issue the moment you know that there is an intrusion of water and mold, since there are many warranty statutes have time restrictions on the validity of bringing your claims.

Failure to Disclose

There are many states that need the former owners to reveal the materials used that may have affected the value and desirability of the property they are selling. When the former owner know that there is a probable mold problem and was not able to inform the potential buyer, there may be a failure-to-disclose claim. With the violation of warranty, you can contact the lawyer immediately when you discover that there is mold and water intrusion since many laws have time restrictions.

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