Information Center Toxic Mold
Potential Defendants in a Toxic Mold Case
There are a number of potential defendants in a toxic mold case, including insurance companies, contractors, landlords and home sellers, to name just a few. If you are considering filing a toxic mold lawsuit, contact Herrig & Vogt LLP in Sacramento, California to speak with an attorney experienced in this area of law to learn more about your options.
Insurance Companies
The majority of toxic mold cases are filed against insurers for failure to pay out on a homeowner's, commercial general liability, or other insurance policy. Depending on where the lawsuit is filed, the action can be in tort or for breach of contract. Tort actions are more common than breach of contract actions.
In states that have tort actions, the plaintiff may claim that the insurer breached its duty to act in good faith when managing the settlement of his or her mold claim. In states where a breach of contract is the only available action, plaintiffs may claim that the insurer breached its duty of good faith and fair dealing under the terms of the insurance contract.
Construction Professionals
When toxic mold damages a home or commercial building, the property owner may file a construction defect claim. In this type of action, the plaintiff claims that a defect in the building materials and/or workmanship caused moisture to be trapped in the structure, leading to mold growth. Common places where the defect could have occurred include:
- Roofs
- Finished basements
- Central air and heating systems
- Insulation
Potential defendants may include contractors, sub-contractors, engineers, developers, architects and construction managers. These parties also face liability for any personal injury caused to the occupants of the home or building in addition to the property damage.
Landlords, Property Managers and Property Owners
When toxic mold causes injury to tenants living in or using leased premises, the landlord, property manager and/or property owner may be named as defendants in a toxic mold suit.
Landlords owe a duty to maintain the premises in good repair and to maintain indoor air quality. When these duties are breached, they may be held liable for any damages that result. These cases can be brought by residential or commercial tenants. The plaintiffs may allege a number of causes of action, including constructive eviction, breach of the covenant of quiet enjoyment, negligence, breach of contract and breach of implied warranty of habitability in addition to failure to keep the property in good repair and failure to maintain indoor air quality.
Home Sellers
When someone sells a home, he or she owes a duty to disclose certain conditions about the property to the buyer, including the presence of mold. If a home seller knew or had reason to know of the mold and failed to disclose it to the buyer, the buyer may have a claim against the seller for failure to disclose. The buyer also may allege negligence, fraudulent concealment, negligent misrepresentation and breach of contract, depending on the facts of the case.
In some cases, the real estate agent and real estate company also may be liable for failure to disclose.
Conclusion
The potential liable parties and types of action you may pursue will depend on the facts of your case and the laws in your jurisdiction. To learn more about the possibilities for your toxic mold case, contact an attorney at Herrig & Vogt LLP in Sacramento, California today.
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