Toxic Mold

The topic of "toxic" mold and fungus has been taking the country, and the courts, by storm. TV commentaries and news articles continually address the horrific tragedies that can allegedly be caused by toxic mold and fungus such as infant lung hemorrhaging and other illnesses. While the most dramatic effects of toxic mold and fungus are typically physical and mental, toxic mold and fungus can also destroy the building it plagues.

THE IMPACT OF MOLD

Information available to homeowners regarding mold often points to the developers, designers and contractors of the home as those that may be liable for mold damage and the resultant personal injuries. However, for those homeowners who live under the auspices of a Homeowners Association, the Homeowners Association may also share potential liability for the mishandling of a mold related claim.

Homeowners Associations have been drawn into the fray as defendants on a number of fronts. Homeowners Associations are responsible for maintaining the common areas of the association as delineated in both the California Civil Code and the associations’ recorded governing documents (CC&R’s). Thus, Homeowners Associations are considered to have potential liability because they have the ability to aggravate mold problems through the abatement procedures, or lack thereof. Mold and fungus growth which is the result from water penetration through the roofs, exterior walls or any other component maintained by the Homeowners Association is potentially the responsibility of the association.

HAVE YOU BEEN EXPOSED TO TOXIC MOLD OR FUNGUS?

While symptoms vary, common symptoms of mold exposure include, but are not limited to: respiratory problems (wheezing, difficulty in breathing), nasal and sinus congestion, burning and/or watery eyes, blurry vision, dry/hacking cough, sore throat, nose and throat irritation, shortness of breath, skin irritation, constant headaches, memory problems, nose bleeds, vertigo, aches and pains, fever, flu-like symptoms, trouble multi-tasking and forgetfulness.

Those at the greatest risk of toxic mold exposure include infants and children, the elderly, pregnant women, individuals with compromised immune systems and individuals with existing respiratory conditions (allergies, asthma, etc.).

To properly assess whether you or a loved one has been exposed to toxic mold and fungus it is imperative that an evaluation be conducted by a qualified medical doctor specializing in toxicology. In addition, a Certified Industrial Hygienist must be hired to test both the affected surfaces as well as the air in the areas thought to be affected by the mold. If you think you have been impacted by toxic mold or fungus contact us immediately.

The above information is intended for general information only. For specific legal advice, contact your legal counsel.

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