Who Is Liable For Your Mold Exposure Claim?

If you have been sick as a result of mold exposure, you might want to consider claiming your damages from the liable party. Here are some of the potentially liable parties depending on the circumstances of the mold infestation:

Previous Homeowner

If you have been affected by toxic mold in a house you haven't owned for a long time, then you may be able to hold the previous owner liable for your injuries. This is even more so if you can prove that the mold infestation existed before you bought the house and the owner knew about it. This is because home sellers are required to disclose dangerous defects in their properties, and a mold infestation certainly qualifies as one.

Property Inspector

If you had the property inspected prior to buying it, then you may also have a claim against the property inspector. Of course, this is only the case if the property inspection report didn't have any reference to a toxic mold problem and you can prove that the mold existed even during the inspection period. In this case, you are accusing the inspector of negligence, and you may be required to prove that any other property inspector would have detected the mold.

Contractor/Builder

There are various causes of mold in a home. In some cases, mold grows because a home is poorly designed and constructed, encouraging moisture to collect in some areas. For example, if a roof isn't properly fastened, it may allow water to leak into the house, and a hidden water leak is a perfect recipe for mold growth. If this is the case, and you can prove it, then the contractor that constructed the property may also be liable for your damages.

Material Suppliers

In some cases, mold originates outside the home and is transported to the construction site by the suppliers of construction materials. a good example of how this may happen is if you are using prefabricated building materials, and the manufacturer was negligent in the production of the prefabs. In this case, you have a valid claim against the manufacturer for supplying you with defective materials.

Landlord

Lastly, you may also be able to file your claim with a lawyer from somewhere like http://www.gdamianilaw.com against your landlord, if you live in a rental place. This is possible if the mold infestation affected a common area, such as a club room or hallway. It's also possible if the mold did not exist when you were signing your lease and the landlord neither informed you about the infestation nor did anything to deal with it.