Mold Injury Lawsuits Explained
Mold injury cases typically arise from the "sick building syndrome," where occupants of a building experience health problems due to mold exposure resulting in persistent irritation of the mucous membranes, headaches, fatigue, and general malaise. The indoor air temperature and ventilation rate strongly affect the health effects of mold.
Studies show that many building-related complaints may be caused by bacteria and other bioaereosols, including mold, that colonize in moist environments. Airborne and water-saturated surfaces in buildings frequently harbor bacteria because they are prone to "biofouling" by mold. Groups most affected include elderly persons, people in poorer health, and children with asthma . There are two general types of injured parties, including:
• Non-tenant third parties: Those who are not tenants of residential premises but claim a right to enter upon the premises, who allege a resulting harm. This group includes others who have a legally protected interest in the safety of the premises and their occupants.
• Tenants at sufferance: Those who are not tenants in residential premises but claim an injury as a result of exposure to a dangerous condition on the property.
In recent years, mold-related litigation has extended to include product liability actions challenging failed performance of insulation, spore traps, and air filtration systems.
Mold Injury Cases and What Affects the Odds
Factors Influencing Outcome of Case
The primary factor influencing the outcome of a mold case is whether there is sufficient evidence of a "toxic exposure" and whether this purported toxic exposure caused the alleged property damage or injury. While it is crucial to have strong medical or property damage experts to substantiate the cause of the mold, the legal framework must also be carefully adhered to. Proper qualifications for expert testimony is strictly monitored in mold cases as the issue of whether the exposure was toxic is usually the expert’s core opinion.
In addition to expert testimony, plaintiffs must be diligent in obtaining the necessary evidence to meet the burden of proof without which, there will be no case. For example, in a personal injury case, the plaintiff needs to have as much medical information about the property damage available as possible. If plaintiff has lung problems, it helps to have a CT scan to show lung damage, for example.
In property damage cases, the same basic principles apply. Plaintiffs need to show that there is damage as a result of the mold. Accordingly, plaintiffs should have a Certified Industrial Hygienist readily available to testify in property loss cases about the damages. If not, the court will not entertain one plaintiff advocate’s side of the story or opinion about certain damage.
For those attorneys who handle administrative proceedings involving alleged insurance violations, summary judgment motions to dismiss the complaint prior to trial will require both legal and factual support. These will include, but not be limited to, proper Expert Affidavits (and/or depositions, if necessary) and E-mails exchanged between the insurance company adjuster and the field adjuster for a complete and persuasive motion.
Investigating and Proving Mold Injury Cases
If you have a mold injury legal case, you need all of the evidence that you can possibly find in order to win your case. The first important type of evidence may seem obvious, but it cannot be left out. You need to have all of the medical records available to show health problems. You will also need some reports or tests to show mold in a property that is related to your health problem. This is needed to make sure that the health problems are indeed caused by the mold in the home rather than some other source as well. Pictures of the injures and even pictures of the environment are extremely important as well. They give the jury an image to focus upon, and they can also show just how bad the mold really is.
Choosing the Ideal Lawyer in Mold Injury Cases
Choosing legal representation is often an afterthought, but is it one we should consider carefully. The lawyer you consult with need to have a thorough understanding of the statute of limitations in your jurisdiction and any other barriers that could reduce or limit your chances of recovering for your damages. When choosing your mold injury lawyer its important to find a person with experience in handling similar cases and who truly care about making a difference in the community. Lawyers who do are the ones who tend to win their cases.
Mold Injury Case Difficulties from the Lawyers’ Perspective
There are quite a few challenges in bringing mold injury legal claims. One of the biggest is proving something that hurts you in a meaningful way. You may think that you’ve been sick for a long time – for instance, you have chronic health conditions that have continuously caused trouble. But if you don’t have a great medical expert who can connect the mold exposure to your problems, you’re going to have a tough time with your case.
Another issue is that you often have aggressive opposition to deal with from the corporate side. You can expect a lot of experts hired by the other side with years worth of experience in deflating plaintiffs’ claims. They’ll try to use those experiences to get what they want , so they’ll put their hearts into trying to discredit your case.
The third major challenge is the fact that there is usually a definitive source of water intrusion and mold that can be proven to cause the issue. This means that you as the plaintiff are going to have to prove causation between the harm you suffered and the source of the water intrusion. It may seem easy, but the defense will fight you on this they can.
But this doesn’t have to be a lost case. Nobody ever really got a free ride, and that definitely applies to plaintiffs in mold cases. If you work within your constraints and order of operations, you can generally find what you need.
Mold Injury Litigation: A Few Case Studies
The first in a string of thousands of homes in Florida to be her defense firm’s clients, Rodriguez has been living with mold-related health problems for over two and a half years. "I had started to get sick from the first day I moved into the home," she said. "The landlord would say nothing was wrong. I went for a test and got mold toxicity so I moved out immediately. My doctor in Miami told me to get a lawyer." Going up against a difficult case such as Rodriguez’s requires a strategy that runs through not only the potential for economic loss but also the various medical conditions coupled with mold exposure. The Rodriguez case included seven physicians who testified and said she was sick from the time she moved into the home. "We had to show the jury what was happening in her life," said Arnaldo R. Curbelo, an attorney at Curbelo, Hines, Gonzalez & Ruiz, P.A., Rodriguez’s defense firm. "What the jury got to hear about was her experience from the time she moved in until the point we went to trial." In the end, with chirping alarms referencing seizure-causing carbon monoxide, Rodriguez sat on the witness stand and pointed to the approximately 450 pictures that were dispositive to her case. "The pictures were so gross," Rodriguez said. "They saw the facts."
Improving Chances of Success
In addition to finding a qualified and experienced attorney, working with an attorney who is experienced in the handling of a mold injury legal case is vital to the success of a claim. A personal injury attorney, who may be knowledgeable in many other areas of law, probably will not understand the subtleties involved in choosing a mold issue. More than likely, they will handle the issue as a slip and fall. These types of accidents are fairly easy to prove liability, but mold-related injuries take a bit more experience. Another important tip to increasing success with winning a mold injury legal case is to be prepared. Being prepared includes having provided the attorney with all information relating to the case. They need details about the accident, the extent of the injuries, the cause and where the accident occurred . The facts should be organized, and any evidence and records should be copied and presented to the attorney. They also need to have a clear understanding of what the accident left them with as far as injuries and treatment. This includes the long and short-term effects from their injuries. They need to possess the doctor’s prognosis and whether or not the injuries will require permanent care. They should have a complete understanding of their rights with the insurance company and the insurance coverage limits. Maintaining meticulous records of all things related to the mold injury is vital. Keeping a log of all calls, letters, bills received and paid relating to the incident will help if problems arise. It is critical that they maintain a record of any statements made by any insurance companies and medical providers.