Toxic Mold Symptoms Lawyers
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Should I Be Worried about Toxic Mold?
Mold is a type of fungi that is commonly found in the air and on surfaces, both indoors and outdoors. While most molds are not harmful to human health, “toxic mold” refers to certain molds that produce chemicals called mycotoxins. Indoor exposure to these chemicals has been linked to certain respiratory symptoms. Individuals with chronic respiratory conditions or immune deficiencies, young children, and those who experience prolonged daily exposure to mold may be more susceptible to mold-related illness.
Toxic Mold Symptoms
Toxic mold symptoms include:
- Nasal and sinus congestion
- Coughing, wheezing, and sneezing
- Eye irritation
- Throat irritation
- Difficulty breathing and chest tightness
Susceptible individuals may also develop hypersensitivity pneumonitis and increased risk for respiratory infection. Toxic mold has also been linked to development of asthma and other respiratory illnesses in young children.
Can I Recover Damages for Toxic Mold Injuries?
Victims of toxic mold exposure stand to recover personal injury damages, contract damages, and/or punitive damages. Homeowners may seek recovery from builders, contractors, architects, engineers, construction suppliers, property inspectors, prior owners, realtors, and homeowners associations – basically, anyone in a position where they knew, or should have known, of the risk of toxic mold in the home and failed to warn the homeowner.
Likewise, renters may seek recovery from their landlords and employees may seek recovery from their employers. The proprietors of public establishments may also face liability to those affected by toxic mold while on the premises.
Obstacles to Recovery
The legal requirement to prove causation by a preponderance of the evidence has been an obstacle in many toxic mold litigations. The causal link between the presence of mold and the symptoms listed above has not been definitively proven. Typically, at trial, both parties will present expert witnesses to argue that the mold either must have or could not possibly have caused the plaintiff’s symptoms – resulting in a “battle of the experts.”
Should I Consult an Attorney about Toxic Mold Exposure?
Toxic mold cases present unique legal problems and involve several fields of law. If you believe you have been exposed to toxic mold you should consult a personal injury lawyer with experience dealing with toxic mold issues and possibly real estate law. An attorney can help you deal with insurance companies, advise you of your rights and potential remedies, and take your case to trial if necessary.
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Last Modified: 09-04-2014 02:29 PM PDT
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