Toxic mold claims come in all shape and sizes, and there are many ways you can succeed in court if you have toxic mold problems depending on the particular facts of your situation. The following claims are valid for your injury against the responsible party: - Improper Appraisal – Some courts have allowed for recovery for injuries related to toxic mold infestation on the basis of improper appraisal. That is, if a homeowner has specifically called in an appraiser or specialist to determine whether a home does or does not have a toxic mold problem, and the inspector or specialist makes a mistake, the injured party can sue for the misdiagnosis
- Breach of Contract – Many courts have allowed recovery for failure of a general contractor to properly supervise construction so as to avoid toxic mold infestation problems. If the injured party can show that improperly supervised construction was a substantial factor in causing the development of toxic mold problems the injured party can win the suit.
- Breach of Duty of Good Faith and Fair Dealing – If the party affected by toxic mold can show that and insurance company either did not make decent efforts to remedy or pay for and insured’s toxic mold problem after it was reported by the policy holder, or that they mishandled a claim causing further health injuries to the policy holder or their family, the policy holder can recover damages.
- Deceptive Trade Practices – In the insurance context, if a party has an inspection done by an insurance company as part of the purchase of insurance coverage, and that insurance company does a bad job (e.g. indicates there is no danger of toxic mold problems when there actually are) then that party may sue for deceptive trade practices.
- Fraud and Unconscionable Action – If a party can show that an insurance company outright lied or acted in a fraudulent manner about inspecting property (either) before or after toxic mold problems set in or providing coverage, the injured party may recover from the insurance company.
- Violation of Implied Warranty of Habitability – When a tenant rents a property many courts have recognized that the landlord makes a representation that the property rented is habitable. If the injured party can show that the toxic mold makes a rental unhealthy or unlivable, the injured party can at least recover for living costs and other expenses associated with the rental being unlivable.
- Negligence – Successful cases have come out of injured parties alleging that a party (e.g. contractor, homebuilder, or landlord) did not tell someone that the mold in the home could be toxic, they did not tell them that contact with the mold could be hazardous, they failed to remedy the mold problem once they knew about it, or they failed to recognize the mold problem in the first place.
Should I Consult a Lawyer about my Toxic Mold Issues?
Picking which claim to pursue and which claim is likely to be most successful and get you money to take care of your injuries is complex. Various parties may also have limited their liability by contract (i.e. in a lease, home-buying, or insurance contract) and you will need a lawyer to determine which complexities apply to them. |
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