Expert Witness on the Serious Consequences of Inhaling Mold during Career or in Home
Provided by HG.org
When mold is prevalent in a home or in a business setting, it may lead to serious health consequences. This substance may be a concern that started with a construction defect, through the upkeep or maintenance of a landlord or landlady or when repairs are completed.
In some instances, mold may arise when an individual is placing ventilation or other reparative items inside the home. Once mold has taken hold of the home, it may lead to economic loss and injury. Inhalation of this dangerous toxin tends to cause health impairments and illness after prolonged exposure. These cases frequently then require the need of a lawyer for litigation and an expert witness to explain how mold causes such serious side effects and problems.
Many lawsuits have transpired due to mold being present in homes, schools, buildings in the public and other areas. There is little known about the long-term effects of mold, but some symptoms appear to be similar to other ailments. This may lead to the necessity of proving that the mold is why the injuries and sicknesses occurred. This usually means that an expert witness must provide testimony to show how the substance produces the danger by scientific data. A breakdown of the entire process of the hazard affecting the individual may be needed so that a judge or jury understands the severe consequences.
Court Rules of Scientific Testimony
Laws that govern the liability of injuries when a person has been exposed to certain concentrations of mold inhalation changes from state to state in the country. Many claims have been initiated due to the harmful breathing of this dangerous substance, but there are many issues that are unknown to the usual judge or jury panel on these cases. This makes the scientific testimony of an expert witness essential so that they may understand how this danger causes damage to the body and why it should be eliminated form homes. The information provided by a professional in this manner is both needed and trusted when the individual has the experience and knowledge to be an expert witness. After his or her credentials and evidence data has been verified and confirmed as sufficient, his or her statements become important in informing those in the court room so that they may make a decision.
The scientific research and testimony provided by an expert witness may also assist in providing the basis for laws that are implemented by the courts with regards to certain danger, exposure to toxins and similar matters. In these situations, there are often multiple expert witnesses so that an informed decision is made based on the findings and data presented from more than one course. All testimony provided is weighed and considered by both sides to determine the best course of action from what is heard and observed. Laws of the court regulate what may be used as scientific evidence, and what exactly pertains to the case in the court room.
Causation in Mold Cases
The general causation is put to the test before any other matters to determine if the toxic substances of mold are what actually caused the harm that is claimed in these matters. This is considered through the scientific data presented by an expert witness. After this, specific causation looks closer at the cause itself, the mold. While general causation relies upon the scientific information being reliable, the specific causation analyzes the substances and how it may have caused the injuries or illness. If there was an allergic condition that may have been special to the case, this may rule out the mold being dangerous in general. However, if this is absent, the data must be examined about the concentration, duration and amount of the toxin affecting those within the house.
Expert Witness Testimony
Reports and examinations are performed and completed by experts for these claims. No matter if the issue is in a building the individual works at or when he or she is at home, the effects are usually the same. This is explained through scientific findings of how mold exposure affects the body when concentrated doses are breathed in by the victim. An expert witness in these types of cases usually relies more heavily upon methods, research and analytical processes. This means that his or her testimony is detailed and objective with the backing of standard procedures and assistance through a lab. Additionally, these experts are able to translate the findings so that a judge or jury may easily understand them.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.