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 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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Articles on HG.org Related to Toxic Mold Law
- Expert Witnesses and the Preparation of Affidavits of MeritExperts have the task of proving that a claim has merit through an Affidavit of Merit, and this may have a direct connection to a medical malpractice suit or when the medical device used causes injury to the patient. Through this affidavit, the expert explains that the claim has sufficient strength to proceed through trial or to a hearing with a judge.
- ERISA: Independent Medical Reviewers and the Award or Denial of BenefitsWhen benefits are necessary for someone in an ERISA program, the role of independent medical reviewers in these decisions where benefits may process through a denial or acceptance, it is important to understand how important or extraneous this decision is regarding ERISA. For the specific person, it could lead to a longer or shorter claim through legal proceedings.
- Suing Nursing Homes for Abuse or NeglectA nursing home can be held legally liable for damages that its residents suffer due to abuse or neglect. Loved ones may be able to file a lawsuit against the nursing home for causing harm to a family member. However, it is important for the family to understand the dynamics involved in this type of lawsuit and the legal basis for claims against a nursing home.
- Potential Defendants in Medical Device CasesWhen the victim of a medical device case needs to pursue legal action for compensation, he or she must do so with a specific person or company, and this could lead a variety of case types based on the potential defendants. With the help of a civil lawyer filing a lawsuit to seek the compensation necessary for recovery, it is possible to identify the liable party.
- Joining a Mass Tort Case for Defective Medical DevicesWhen the defective medical device harms enough individuals, these groups may band together and create a mass tort case to pursue financial recovery to make them whole. Through communication and contact with legal professionals, each person may add to the case and increase the possible damages based on the specific issue.
- An Over-Medicated Nursing Home Resident Is Docile and More Profitable for the FacilityOver-medicating, or chemically restraining, nursing home residents to make them easier to manage is a poorly kept industry secret. This practice allows for facilities to house more residents because they pose fewer demands on staff. Often residents without psychiatric conditions are given antipsychotic drugs to sedate them -- sometimes to the point of unconsciousness.
- How a Negligent Diagnosis Can Affect a PatientWhen a doctor makes a negligent diagnosis, the consequences for the patient can be devastating.
- Protecting a Child’s SSI Benefits When They Receive an InheritanceDisabled children may qualify for SSI benefits. These benefits can be particularly helpful in families that do not have much income. Sometimes a child who receives these benefits may have a loved one who cares about him or her and wants to leave much-needed funds behind to an individual in this situation. However, if it is not structured properly, an inheritance can cause a person on SSI to lose their benefits.
- Social Security Offset Provisions and Wrongful Denial in ERISA CasesMost ERISA plans, as well as any supporting insurance policies for individuals, have certain provisions that will let the person offset disability benefits through Social Security, and a wrongful denial will invalidate these benefits. It is essential to proceed through the wrongful denial and acquire a correct decision in the case.
- False Claims and Defective Medical DevicesFalse claims that deal with medical devices and defects could occur through no less than two types of incidents where either the patient makes a false claim with a device that is not truly defective, or the manufacturer initiates a false claim. No matter which of these situations arises, it is important to pursue legal action for compensation from the false claim.
- All Tort and Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.
Toxic Mold Law - US
- ABA - Environmental Litigation and Toxic Torts Committee
The mission of the Section of Environment, Energy, and Resources is to be the premier forum for lawyers working in areas related to the environment, natural resources, and energy. The Section is committed to providing members with opportunities to enhance professional skills, stay on top of developments and to participate in dialogue in these substantive areas.
- Clean Air Act
The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary and mobile sources. Among other things, this law authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants.
- EPA - Toxic Substances Control Act
The Toxic Substances Control Act of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides.
- ISO Standards for Quality, Measurement, Safety, and Environment
The quality-related standards from ISO in this collection provide a sound basis for internationally accepted quality management systems and processes. The other standards in this ISO collection of more than 1,400 documents provide safety standards, test methods, environment safety and protection, and well as standardized terminology that facilitate business in international markets.
- OSHA Standards - Mold in the Workplace
Mold is addressed in specific standards for the general industry, shipyard employment, and the construction industry. This page highlights OSHA standards, Federal Registers (rules, proposed rules, and notices), standard interpretations (official letters of interpretation of the standards), and national consensus standards related to mold.
Organizations Related to Toxic Mold Law
- American College of Occupational and Environmental Medicine (ACOEM)
The American College of Occupational and Environmental Medicine (ACOEM) represents more than 5,000 physicians and other health care professionals specializing in the field of occupational and environmental medicine (OEM).
- Association of Occupational and Environmental Clinics
Since its founding in 1987, the Association of Occupational and Environmental Clinics (AOEC) has grown to a network of more than 60 clinics and more than 250 individuals committed to improving the practice of occupational and environmental medicine through information sharing and collaborative research.
- Building Ecology
For more than 40 years we have helped hundreds of organizations on 5 continents create environmentally-responsible, healthy buildings. We focus on "Building Ecology" -- the relationships and connections between buildings, occupants, and the larger environment -- emphasizing indoor environmental quality and sustainability.
- HUD - Mold and Moisture
Molds are living organisms that grow in damp places in your home. They stain or discolor surfaces and smell musty. There are hundreds of thousands of different types of mold.
- Mold Help Organization
This non-profit organization is dedicated to the hundreds of thousands of innocent people who have lost their lives, health, and homes to this scourge as our government, insurance companies, social service organizations, and disaster management groups have ignored them in their greatest time of need. We offer the finest education, resources, and solutions regarding what everyone must know about one of the most devastating national health hazards of this millennium.
- National Association for Moisture Management
The National Association for Moisture Management is a non-profit association that was formed out of a need to educate and protect the consumer from problems associated with moisture. NAMM has developed the most complete, sensible standards and practices in the moisture management industry throughout the United States. These are protocols and methods that the consumer can trust.
Publications Related to Toxic Mold Law
- A Brief Guide to Mold in the Workplace
Concern about indoor exposure to mold has increased along with public awareness that exposure to mold can cause a variety of health effects and symptoms, including allergic reactions. This safety and health information bulletin provides recommendations for the prevention of mold growth and describes measures designed to protect the health of building occupants and workers involved in mold cleanup and prevention.
- CDC - Mold Website
CDC's Mold Web site provides information on mold and health, an inventory of state indoor air quality programs, advice on assessment, cleanup efforts, and prevention of mold growth, and links to resources.
- Removing Mold from Your Home after a Flood (FEMA)
After natural disasters such as hurricanes, tornadoes, and floods, excess moisture and standing water contribute to the growth of mold in homes and other buildings. Be aware that mold may be present and may be a health risk for your family.
- Scientific Literature - Toxic Mold
The following papers were compiled from credible resources and are to be utilized for research/education purposes, not for self-diagnosis. It is recommended that you see a physician who may be experienced in detecting fungal related illness to be able to diagnose, treat, and follow-up on any areas of concern.
- Types of Toxic Molds and Images of Mold
Mold has certainly made its way into people's homes as well as the headlines recently. Many people still don't fully understand the health hazards of fungal exposure. The term toxic mold is somewhat misleading as it exudes an idea that certain molds are toxic, when actually certain types of molds produce secondary metabolites that produce toxins. The correct term is mycotoxins.