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Types of Toxic Mold Claims

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What Are the Available Toxic Mold Claims?

There are many ways you can recover damages for toxic mold claims. How you recover damages usually depends on whether you’re suing an insurance company, landlord, contractor or toxic mold inspector. The most common lawsuits are for:

  • Improper Appraisal – If a homeowner has specifically called in an appraiser or specialist to determine whether a home has a toxic mold problem and the inspector or specialist makes a mistake, the injured party may be able to hold the inspector liable for damages.
  • Breach of Contract – 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 may be able to sue the contractor for damages.
  • Breach of Duty of Good Faith and Fair Dealing – If an insurance company fails to make good faith efforts to remedy or pay for an insured’s toxic mold problem after it was reported, or if they mishandled a claim causing further health injuries, the insurance company may be liable for damages.
  • Fraud and Unconscionable Action –  If an insurance company outright lied or acted in a fraudulent manner when inspecting a property before or after toxic mold problems set in, the injured party may recover damages from the insurance company. 
  • Violation of Implied Warranty of Habitability – Landlords have an obligation to make their property livable under an implied warranty of habitability. If a landlord doesn’t remedy a toxic mold problem, a tenant can sue the landlord for living costs and other expenses associated with the rental being unlivable.
  • Negligence – Landlords, homebuilders and contractors often have a duty to inspect for mold and inform residents of mold problems. They may also have a duty to remedy toxic mold problems. If someone who owed you these duties failed to fulfill them, you may be able to sue them for negligence and recover damages for your injuries.

Should I Consult a Lawyer about My Toxic Mold Issues?

Picking which claim to pursue can be very difficult. An experienced personal injury attorney can help you develop a legal strategy. A personal injury lawyer can also file any necessary paperwork and represent you in court.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 09-30-2016 03:20 PM PDT

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