Mold Litigation
San Diego Mold Attorney FAQ
What is mold?
Mold is a fungi which is essentially everywhere. Toxic molds are known by such names as Stachybotrys chartarum, aspergillus, penicillium, trichoderma, and helminthosporium.
Where does mold grow?
Toxic mold generally occurs as a result of water inundation, from sources such as plumbing problems, floods, or roof leaks. Mold growth requires mold spores, relatively warm temperature, moisture, and a food source. Modern construction materials provide an excellent food source for mold growth. Mold growth can happen in carpets, drywall, acoustical ceiling tiles, upholstered furniture, and wall coverings.
How long before mold effects my health?
Symptoms related to mold exposure occur in the presence of mold; there are no latent symptoms. In fact, once an individual is removed from mold's presence, symptoms generally disappear. Thus, an individual exposed to mold could limit their level of mold exposure at the onset of symptoms and in so doing limit the amount of personal injury suffered.
What are the symptoms of mold exposure?
Toxic molds can cause a multitude of health problems ranging from simple clogged sinuses, sore throats, and minor skin problems to cancer, brain damage, chronic fatigue syndrome, asthma, pneumonia, respiratory tract infections, gastrointestinal maladies, vertigo, temporary hearing loss, migraines, malaise, depression, memory loss, other cognitive dysfunctions, and hemorrhaging.
Stachybotrys chartarum (“Stachy”) is especially harmful to small children. Some health professionals believe that a potential link exists between Sudden Infant Death Syndrome (SIDS) and Stachy.
Is my landlord liable for mold in my rental unit?
When a residential rental unit has sustained water intrusion and resulting fungal growth, the tenant may sue the landlord for a breach of the statutory warranty of habitability or the implied warranty of habitability.
California law generally define a landlord's duties under the warranty of habitability as:
a. The general obligation to put and keep a residential building fit for human occupancy; and
b. The specific obligations to maintain:
(1) "Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors";
(2) All plumbing and heating appliances "in good working order";
(3) A water supply "connected to a sewage disposal system approved under applicable law"; and
(4) Buildings, grounds, and appurtenances (at the beginning of a tenancy) and all areas under control of the landlord "clean, sanitary, and free from … debris, filth, rubbish, garbage, rodents, and vermin."
I rented a retail space and I think there is mold. Should I be worried about my customers?
Of course. Damages in commercial cases involve not only personal injury, but also potential loss of use and business nterruption. One expert has said that claims that would have been brought under the umbrella of “sick building syndrome” if diagnosed years ago actually would fall squarely in the toxic mold arena if brought in today's legal environment. Measures adopted during the energy crisis to make buildings more energy efficient actually mean buildings are unable to breathe. These strict codes and efforts to make the buildings watertight have resulted in structures that trap mold within the building and circulate it throughout the system.
The home I bought has toxic mold. What are my rights and who can be liable?
Claims of toxic mold are increasingly being made within the context of a single family home, regardless of whether it falls in the high or low end of the valuation spectrum. This makes sense because damages flowing from bodily injuries are specific to the individuals within a particular home. Single family home cases can involve appreciable monetary amounts claimed as damages for both personal injury and property damage.
In these cases, the action of the homeowner generally is followed by a lawsuit against one or more parties who allegedly bear the blame under theories such as defective construction, non-disclosure, fraudulent concealment, and breach of fiduciary duty. The defendants in these suits include contractors, design professionals, realtors, inspectors, remediation experts and lawyers who may have been involved at any juncture in the transaction.
If I think I have mold in our house/apartments what steps should I take?
Call our office right away. It is imperative that the property is tested, by the right person, for mold and you and your family are treated by the proper physician. The Law Office of Harold D. Thompson has relationships with some of the best doctors
and mold experts in Southern California.
Given the complex causation issues, inter-disciplinary approaches may be beneficial not only in determining the nature and extent of the problem but in developing a cohesive strategy and a consistent explanation for causation.
Depending on the type of illnesses claimed, it may be necessary to seek advice from a number of specialties. This list is by no means exhaustive, but is provided so you have a basic understanding of the areas of expertise involved. They are as follows:
1. Industrial Hygienist (always required for sampling of environment)
2. Microbiologist
3. Mycologist (prevalence, growth and toxicity of various molds)
4. Toxicologist (animal studies / human health risks from mold)
5. Allergist (clinical effects of mold and relationship to other causes)
6. Dermatologist
7. Gastroenterologist (causes of GI symptoms)
Call The Law Office of Harold D. Thompson today for a free case evaluation.
What is mold?
Mold is a fungi which is essentially everywhere. Toxic molds are known by such names as Stachybotrys chartarum, aspergillus, penicillium, trichoderma, and helminthosporium.
Where does mold grow?
Toxic mold generally occurs as a result of water inundation, from sources such as plumbing problems, floods, or roof leaks. Mold growth requires mold spores, relatively warm temperature, moisture, and a food source. Modern construction materials provide an excellent food source for mold growth. Mold growth can happen in carpets, drywall, acoustical ceiling tiles, upholstered furniture, and wall coverings.
How long before mold effects my health?
Symptoms related to mold exposure occur in the presence of mold; there are no latent symptoms. In fact, once an individual is removed from mold's presence, symptoms generally disappear. Thus, an individual exposed to mold could limit their level of mold exposure at the onset of symptoms and in so doing limit the amount of personal injury suffered.
What are the symptoms of mold exposure?
Toxic molds can cause a multitude of health problems ranging from simple clogged sinuses, sore throats, and minor skin problems to cancer, brain damage, chronic fatigue syndrome, asthma, pneumonia, respiratory tract infections, gastrointestinal maladies, vertigo, temporary hearing loss, migraines, malaise, depression, memory loss, other cognitive dysfunctions, and hemorrhaging.
Stachybotrys chartarum (“Stachy”) is especially harmful to small children. Some health professionals believe that a potential link exists between Sudden Infant Death Syndrome (SIDS) and Stachy.
Is my landlord liable for mold in my rental unit?
When a residential rental unit has sustained water intrusion and resulting fungal growth, the tenant may sue the landlord for a breach of the statutory warranty of habitability or the implied warranty of habitability.
California law generally define a landlord's duties under the warranty of habitability as:
a. The general obligation to put and keep a residential building fit for human occupancy; and
b. The specific obligations to maintain:
(1) "Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors";
(2) All plumbing and heating appliances "in good working order";
(3) A water supply "connected to a sewage disposal system approved under applicable law"; and
(4) Buildings, grounds, and appurtenances (at the beginning of a tenancy) and all areas under control of the landlord "clean, sanitary, and free from … debris, filth, rubbish, garbage, rodents, and vermin."
I rented a retail space and I think there is mold. Should I be worried about my customers?
Of course. Damages in commercial cases involve not only personal injury, but also potential loss of use and business nterruption. One expert has said that claims that would have been brought under the umbrella of “sick building syndrome” if diagnosed years ago actually would fall squarely in the toxic mold arena if brought in today's legal environment. Measures adopted during the energy crisis to make buildings more energy efficient actually mean buildings are unable to breathe. These strict codes and efforts to make the buildings watertight have resulted in structures that trap mold within the building and circulate it throughout the system.
The home I bought has toxic mold. What are my rights and who can be liable?
Claims of toxic mold are increasingly being made within the context of a single family home, regardless of whether it falls in the high or low end of the valuation spectrum. This makes sense because damages flowing from bodily injuries are specific to the individuals within a particular home. Single family home cases can involve appreciable monetary amounts claimed as damages for both personal injury and property damage.
In these cases, the action of the homeowner generally is followed by a lawsuit against one or more parties who allegedly bear the blame under theories such as defective construction, non-disclosure, fraudulent concealment, and breach of fiduciary duty. The defendants in these suits include contractors, design professionals, realtors, inspectors, remediation experts and lawyers who may have been involved at any juncture in the transaction.
If I think I have mold in our house/apartments what steps should I take?
Call our office right away. It is imperative that the property is tested, by the right person, for mold and you and your family are treated by the proper physician. The Law Office of Harold D. Thompson has relationships with some of the best doctors
and mold experts in Southern California.
Given the complex causation issues, inter-disciplinary approaches may be beneficial not only in determining the nature and extent of the problem but in developing a cohesive strategy and a consistent explanation for causation.
Depending on the type of illnesses claimed, it may be necessary to seek advice from a number of specialties. This list is by no means exhaustive, but is provided so you have a basic understanding of the areas of expertise involved. They are as follows:
1. Industrial Hygienist (always required for sampling of environment)
2. Microbiologist
3. Mycologist (prevalence, growth and toxicity of various molds)
4. Toxicologist (animal studies / human health risks from mold)
5. Allergist (clinical effects of mold and relationship to other causes)
6. Dermatologist
7. Gastroenterologist (causes of GI symptoms)
Call The Law Office of Harold D. Thompson today for a free case evaluation.