Can I Sue For Mold Poisoning?



Nowadays, mold poisoning (and toxic molds for that matter) have been the subject of a mounting number of complaints, health problems and yes, even litigation. Mold poisoning hadn’t received much attention before; however, due to the growing awareness of the quandaries that may arise from it, it’s been getting much higher interest from concerned individuals.

Mold not only poses problems to your property, as it can cause damage to it, but it can also be the root of problems regarding you’re and your family’s health and well being. Molds may not be harmful per se but molds produce metabolites. These metabolites are the sources of mycotoxins, which are the substance-origin of serious health problems. Toxic mold poisoning can lead to cancer, heart problems and other health complications. Thousands of cases of mold poisonings that were usually initiated by homeowners are now being litigated. So, yes, you can sue for mold poisoning. However, there are factors that you ought to consider before filing a personal injury claim for mold poisoning.

Before filing a claim you ought to know first who is answerable and who can be made liable for your claim. You should consider the location as to where you found the mold. Do you own the property? Is it somewhere you are renting? Is it a work place? The location of where it originated will be of great weight in your potential claim.

These are some of the people who you can file your mold poisoning personal injury claim against:
  • Builder or Contractor. If the mold is due to poor construction, your contractor can be held liable for the mold poisoning. Also, check your contract with the contractors as they might have given warranties in the way they constructed the building, protecting them from such claims
  • Architect or Engineer. Mold poisoning can also be attributed to poorly designed constructions.
  • Prior Owner. They can be held liable had they not disclosed the fact that there is mold in the building.
  • Realtor. The one who sold the property to you is under the obligation to disclose facts and details about presence of mold within the location.
You should also take into consideration the effect of mold poisoning on you and your fmily. Did you suffer serious health issues or was your property damaged beyond repair? If the answer to either of these questions is yes, you may be entitled to compensation and should speak with a personal injury lawyer to discuss your options.

In filing a claim based on mold poisoning, you can recover compensation based on losses or injuries incurred or costs you spent on having the molds removed. Mold poisoning should not merely be given the cold shoulder as it can be a valid ground for a personal injury claim.

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