Information Center Housing & Construction Defects
Toxic Mold Litigation
Toxic mold litigation is one of the hottest areas in construction defect claims. Not only can toxic mold damage your home, but it also can cause health problems. Removing the mold can be expensive, depending on the extent and location of the growth. If you believe the mold growth in your home is due to a defect in the construction of your house, contact Herrig & Vogt LLP in Sacramento, California, to schedule a consultation with an attorney experienced in this area of the law.
Toxic Mold
There are many types of mold, and most of them are not dangerous to people. Mold is capable of growing on any surface if the conditions are ripe. It can grow in places homeowners would never know it was present, like inside walls and ceilings and underneath floors. The most dangerous types of mold, known as toxic or black mold, can have ill health effects for those exposed to it. Toxic mold exposure can cause allergy-like symptoms, skin rashes and sore throats. The symptoms can be much worse for those with asthma and lung ailments as well as children and the elderly.
Growth of Toxic Mold Litigation
Within the last 10 years, there has been a growth in construction defect claims related to toxic mold. The focus on building energy efficient buildings has created situations where buildings are so air-tight they actually lock in moisture, leading to mold growth. Also, with the rise in home construction, the quality of craftsmanship and homebuilding materials has decreased, leading to defects in the structure of the home that allow moisture into the house, resulting in mold growth.
Construction Defect Claims for Mold
If a homeowner discovers toxic mold growth in his or her home, he or she may file a lawsuit to recover any property damage caused by the mold. Generally, it is very difficult to prove personal injury from toxic mold, especially since the symptoms from exposure are similar and in some instances, indistinguishable, from other illnesses. Regardless, if the mold growth occurred due to a defect in the construction, whether it is the design of the house, installation of the air conditioning system or windows or construction of the basement or roof, the homeowner may have a claim against the builder or others involved in the construction of the home. If the house was not new, the homeowner may have a claim against the previous owner and/or real estate agent if they knew about the mold and failed to disclose it to the homebuyer.
Construction defect claims are only one type of suit that may be filed as a toxic mold case. The most common type of toxic mold case is filed against insurance companies for failure to payout homeowner's insurance policies for the damage. Claims also may be made against landlords, property managers, property owners, home sellers and realtors.
Damages
Some of the types of damages that may be available to a homeowner for toxic mold growth include clean-up costs, inspection costs, relocation expenses and reconstruction costs. Homeowners also may be entitled to contract damages, if there was a breach of an express warranty or other condition in the contract. Other damages also may be available, so it is important to consult an experienced attorney who can determine which damages may be available in your specific case.
Conclusion
For more information on the available remedies for a construction defect case related to mold growth, contact Herrig & Vogt LLP in Sacramento, California to speak with a lawyer knowledgeable in these types of cases.
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