Toxic Mold Law
Toxic Mold contamination has become a growing problem in homes and offices across the United States. Mold can cause an abundant amount of health problems to people who are exposed to it, and in severe cases, exposure to mold spores can even be fatal. Due to this mounting concern, many different laws have been passed to protect the rights of people in cases of mold contamination.
Landlord and Tenant
The landlord has a responsibility to ensure proper living conditions for his tenants, including having premises free from any kind of mold contamination. If you are a tenant, and have discovered any mold in your rented premises, then it is the duty of the landlord to get the mold removed and pay for any such removal. Landlords, who fail to make their property free from mold contamination can be sued by their tenants.
Under the law, it is not the duty of the landlord to provide or pay for mold contamination testing. The burden of providing such proof lies with the tenant. But if there is, in fact, any mold contamination the landlord may have been neglecting his responsibilities and the tenant can recover any expenses relating to gathering of the proof, in addition to damages for any injuries the tenant may have suffered.
Home Buyers and Sellers
As a home buyer, you have the right to know if the home you intend to buy has any problems with mold contamination. If mold contamination was present, but has been taken care of, then the seller need not disclose this fact. But, if there is any present mold contamination in the house, the seller is required to make this fact known to any prospective home buyer.
Employers and Employees
It is the duty of employers to see that the workplace is fit for employees to work in, including ensuring proper indoor air quality. If the air quality at the workplace has been compromised due to any mold contamination then employees are entitled to recover damages for any illnesses suffered by them.
Mold Damages
Mold has been linked to the following injuries and damages: medical expenses incurred on illnesses due to mold contamination; pain, anguish, and suffering; damages for lost wages; loss of earning capacity; and damages due to loss of companionship, comfort, and financial losses in case of death due to illness caused by mold contamination. Similarly, one may be able to recover damages for destruction of property due to mold contamination and, in extreme cases of neglect, even punitive damages.
For more information on toxic mold, please use the resources below. Additionally, you may find an attorney in your area who specializes in toxic mold cases by clicking on the "Law Firms" tab on the menu bar at the top of this page.
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