Air Conditioning Mold Lawyers
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
What is air conditioning mold?
Mold is a type of fungus. It exists in several different forms and can become lodged in the cooling system of an air conditioning system. From there it is dispersed through the ventilation and fan chambers, and people can be exposed to the mold through breathing. Since ventilation systems often reach all parts of a building, toxic mold in an air conditioning system can present health dangers in a home, condominium or a business.
Mold can grow in an air conditioning system over time, especially in places where it is unusually damp or humid (i.e., tropical conditions). It can be difficult to detect and is often expensive to repair. You should keep your air conditioning vents clean and inspect the units regularly for mold.
What are the symptoms associated with exposure to mold from an air conditioning unit?
Symptoms from exposure to air conditioning mold often appear in the respiration systems of the human body. This is different from other types of food-borne mold that result in digestive disturbances. Symptoms and conditions associated with air-conditioning mold include:
- Difficulty in breathing
- Sinus problems
- Asthma attacks and bronchitis
- Legionnaire’s disease- this is a flu-like illness based on a strain of bacteria. Moldy air conditioners can create breeding grounds for the bacteria
- Vasomotor rhinitis- a type of sinus condition with allergy-like symptoms
If you are experiencing any of these conditions, you should see a doctor immediately. You should also inspect your air conditioning unit for contamination. Be sure to document your injuries using written reports and receipts.
Who is liable for injuries resulting from air conditioning mold?
It is often difficult to determine who is liable for air-conditioning mold. This is because several parties may be involved, such as the manufacturer of the air conditioning unit, or a landlord who maintains the unit. Also, air-borne molds can be difficult to trace, as we are exposed to air-borne pollutants constantly.
However, in some instances it will be possible to determine who is liable using a negligence analysis. To prove negligence, you need to show that the defendant breached a duty of care, which directly caused the injuries. The following parties could potentially be held responsible:
· Air conditioning manufacturers: If your newly purchased air conditioning unit shows clear, visible signs of mold infestation upon receiving it, you may have a products liability claim.
· Installers of air conditioning units: A poorly or incorrectly installed unit may malfunction and create breeding conditions for mold. Check for cracks or drips in the cooling unit
· Landlords and homeowners/condo associations (HOA): A landlord or HOA can be responsible for air conditioning mold if they were informed of the hazardous condition and failed to take steps to correct it. Damage from mold is sometimes addressed in the lease agreement
Again, the difficulty in air conditioning mold cases is in proving who caused the injuries. In order to recover damage for injuries, you need to be able to clearly prove that a certain party was responsible for your injuries.
Do I need a lawyer for injuries from air conditioning mold?
Air conditioning mold is a particularly difficult issue to address, as it is often difficult to pinpoint the source of the contamination. Such cases often need the expert opinion of a doctor and sometimes a mold specialist. You should contact a toxic mold lawyer if you suspect that you have been exposed to air conditioning mold. The laws governing toxic torts can vary from state to state, so it is essential to employ the services of an attorney.
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Last Modified: 09-13-2010 11:58 AM PDT
