Like anyone, you want the place you call home to be as healthy and safe as possible. But lurking out of sight, something as small as half the width of a human hair may be damaging your home and your health. Mold. It can cause serious property damage and health issues. Even worse, some molds have mycotoxins that can have far more severe implications. Have you been exposed to toxic mold in your home or workplace, and if so, do you have any legal recourse? At Saffren & Weinberg, we are here to unpack what suing for mold exposure in Reading, PA, could entail.
Do You Have a Mold Problem?
Not all molds are considered toxic. However, some molds produce toxic chemicals that can cause serious health issues for those who are exposed. People who already suffer health issues like asthma, weakened immune systems, environmental sensitivities, and chronic pulmonary illnesses are more likely to suffer severe health issues. Still, even healthy individuals can suffer the effects of toxic mold exposure.
How do you know if you have a mold problem? Unfortunately, you may not until the problem has gotten out of hand. There are some warning signs, however, that might signal a problem:
- You see visible mold growth. Mold can come in various colors and may initially appear like spots. It can spread rapidly across surfaces and, if left unchecked, move behind walls and into other hidden areas.
- You detect a musty odor. A musty, earthy odor may be your first indication of mold growth behind your walls or under carpeting. This odor will often persist even after cleaning and ventilating the area.
- Your home or building has a history of past water intrusion or flooding. Areas where you’ve experienced leaks, flooding, or persistent condensation, are particularly susceptible to mold development. Look for areas that remain damp, water stains, or other discoloration on your walls, ceilings, or floors.
- You find physical deterioration of building materials. Left long enough, molds can begin to cause physical damage to a structure. Look for signs of peeled paint or wallpaper, rotting wood, warping, or cracking.
- You are experiencing health symptoms. Mold exposure can cause upper respiratory problems, allergic reactions, and asthma attacks, especially in particularly sensitive people. Symptoms can include coughing, sneezing, congestion, throat irritation, breathing problems, and skin and eye irritation.
Health problems caused by mold exposure can lead to costly medical bills, and mold remediation can require extensive removal and clean-up. Fortunately, in some cases, others may be liable for these costs.
You may have options if you’ve suffered financial harm from mold exposure. Depending on your coverage, you might be able to file an insurance claim against your homeowner’s policy. You may also be able to file a lawsuit if someone intentionally or carelessly caused or contributed to your mold problem.
Are You Covered by Insurance?
If you’ve been exposed to mold in your home, you should first determine if you’re covered under your or your landlord’s insurance policy.
Some policies cover a mold infestation, and the insurance company is responsible for covering the costs of remediation, clean-up, and any mold-related illnesses. However, mold is generally considered an exclusion in most homeowner’s policies. If the mold infestation was caused by a “covered peril,” such as accidental water damage, your insurance company should cover it.
If your homeowner’s insurance company unfairly denies a mold claim or fails to cover the costs for mold damage and remediation under the terms of your policy, you may consider legal action against them for bad faith practices.
Is Suing for Mold Exposure an Option?
Whether you have a case for a mold exposure lawsuit will depend upon the circumstances of the exposure, where it occurred, and the reason for the mold growth. Depending on these factors, you may be entitled to file a claim against:
- Your landlord – If you’re renting a property where the mold occurred, the landlord may be held liable, particularly if they failed to address any water leaks or ventilation issues that may have led to the problem. Under Pennsylvania’s Implied Warranty of Habitability, a landlord is obligated to remedy serious defects affecting the safety and ability to live in a rental unit.
- A contractor or builder – If poor construction caused or contributed to your mold growth problem, a contractor or builder might be found negligent and liable for your damages.
- A previous property owner – If you purchased a home and later discovered the seller had failed to disclose mold problems or actively concealed them, you may be able to sue that individual for nondisclosure.
- Your employer – If you work in a place where mold growth has been a known, chronic problem and your employer was negligent in remediating it, you may have a claim against your employer for your related health cost damages.
Consulting With an Experienced Mold Lawyer
Filing a lawsuit for mold exposure can be legally and technically complicated. If you are considering suing for mold exposure in Reading, PA, it’s critical to consult with a lawyer who has experience pursuing these types of claims to understand what your options are and if you have a viable case.
Before your consultation, you will want to:
- Document everything – Keep meticulous records of everything that has transpired. Document any impact the mold has had on your health and property. Take extensive photos of the area where the infestation has occurred.
- Determine the financial impact it has had on you – Compile all your receipts and calculate the financial impact the mold exposure has had on you, including property damages, temporary housing, and any medical bills resulting from the exposure.
- Consider potential liability – Identify who you think the responsible party is and why.
- Consider potential defenses – In most lawsuits, counterarguments can impact the success of a lawsuit. The defendant may try to prove your health issues had nothing to do with mold. They may try to argue that you were partly at fault. Builders and landlords may claim they complied with all relevant laws and codes and there was no negligence. These factors can complicate a lawsuit.
If you suspect your property damage and health issues are the result of mold, suing for mold exposure may result in well-deserved compensation for your damages and medical costs. At Saffren & Weinberg, our experienced Reading, PA, mold lawyers are here to help. We will review your insurance policy and your situation’s circumstances to determine your options so you can make the best decision possible. Schedule a free consultation at (215) 576-0100 or through our website contact form.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.
