An Overview of Toxic Mold in Sacramento, California

Information Center Toxic Mold

Toxic Mold - An Overview

Toxic mold litigation has increased steadily over the past decade with over 10,000 cases filed in the US. Toxic mold can cause severe health problems, particularly for those with compromised immune systems, lung infections and diseases, asthma, allergies, and the elderly and infants. Some of these problems include infections, rashes, allergic reactions, and in rare cases, death.

If you believe you or a family member has been exposed to toxic mold in your home, at work, at school or elsewhere, contact Herrig & Vogt LLP in Sacramento, California to speak with an attorney experienced in litigating toxic mold cases.

Types of Toxic Mold

Mold is pervasive and exists in both indoor and outdoor environments. Mold serves an important purpose in nature by helping to break down organic matter. Most types of mold are not toxic to humans. But there are a limited number of molds that release chemical toxins known as mycotoxins that can be dangerous to humans. The most common type of mold referred to as a toxic mold is Stachybotrys chartarum, but it isn't the only type of toxic mold. Others include Cladosporium, Penicillium, Aspergillus and Alternaria. These types of mold become harmful to humans when they come into direct contact with the skin, are inhaled or are ingested.

In order for mold spores to flourish, there must be three conditions present:

Abundant moisture
Food source
Correct temperature range to encourage growth

Moisture is the main cause for growth of toxic mold in residential and commercial buildings. The moisture can come from a leaky pipe or roof, condensation accumulation from improper ventilation, or faulty central air or heating units, among other causes.

Health Effects

Not all people will have a reaction or suffer ill health effects from toxic mold exposure. Some people - such as those with asthma and lung ailments, children, and the elderly - can be particularly sensitive to toxic mold. But people of average health also can be affected by contact with one of the types of toxic mold.

Some of the health effects of exposure include:

Allergic reactions
Skin irritation and rashes
Sore throats, runny noses, watery eyes
Asthma
Hypersensitivity pneumonitis
Infection

In the most drastic situations, toxic mold may even lead to death.

Why the Increase in Toxic Mold Lawsuits?

Over the last decade, there has been a surge in toxic mold litigation. Why the increase? Experts generally point to three reasons:

The focus on building energy efficient buildings has led to buildings that lock in moisture
The use of building materials that are more susceptible to mold growth
The boom in the construction industry has led to work being completed by less experienced contractors who may make errors that allow moisture to accumulate in structures

Types of Legal Claims

There are a number of legal claims that can be made in toxic mold cases. The potential group of liable parties will differ depending on the circumstances of the exposure, but may include:

Insurance companies: The most common types of toxic mold actions are bad faith claims against insurance companies for failure to pay on a homeowner's insurance policy or for delay or obstruction of payment on a homeowner's policy. This action can be in tort or for breach of contract, depending on the jurisdiction the claim is brought in.
Construction industry: Construction defect claims are the second most common type of claims. A homeowner or homeowner association may sue the architect, contractor, sub-contractor, developer, construction manager or others involved in building the home or business. Some potential claims against these parties may include breach of contract, breach of express and implied warranties of habitability and workmanship, among others.
Landlords, property managers, property owners: If tenants of a leased commercial or residential property become ill due to toxic mold, they may file an action against the landlord, property manager, and/or property owner for breach of their duties to keep the property in good repair and maintain the indoor air quality.
Home sellers, realtors: When home buyers purchase a house and later become ill from toxic mold, they may have a cause of action against the seller for failure to disclose mold in the sale of property. The realtor involved in the sale also may be liable for the failure to disclose.

Damages

The available damages for a toxic mold case will vary by jurisdiction and the type of action filed. Generally, some of the types of damages that a plaintiff may be able to recover include:

Remediation and clean-up costs
Inspection costs
Relocation expenses
Past and future medical expenses
Loss of rent
Contract damages
Reconstruction costs
Loss of use of property
Business interruption
Lost wages and impaired earning capacity

It is important to seek legal counsel to determine which of the damages may be available in your case. Your state's laws may limit your recovery or provide additional sources of relief.

Conclusion

Exposure to toxic mold can have ill health effects for the average person and severe consequences for those more susceptible to mold. It can damage your home and personal property and make commercial buildings unusable. Contact Herrig & Vogt LLP in Sacramento, California to learn more about your options for recovering damages for toxic mold exposure. An attorney knowledgeable of toxic mold cases and your state's laws can help you determine the best course of action to take.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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