Mold exposure can cause a wide range of health problems and property damage, leading many to wonder if they can pursue legal action. If you’re dealing with mold-related issues, knowing your rights can make a difference in getting fair compensation for your damages.
Mold lawsuits can be complex, involving detailed legal and medical components, but with the right strategy, you can increase your chances of winning.
In this article, we’ll explain how to win a mold exposure lawsuit.
You’ll also learn:
Let’s get started by analyzing the legal grounds for mold cases.
When filing a mold exposure lawsuit, you need to see if you have enough legal grounds. Lawsuits based on mold exposure typically center around negligence, breach of contract, premises liability, or the consumer protection act, among other grounds.
Understanding these concepts and how they apply to your situation can help you determine whether your case is worth pursuing.
Mold is a type of fungus that thrives in damp, humid environments. While some molds are harmless, others — such as Stachybotrys chartarum (commonly known as black mold) — can produce toxins harmful to human health.
Mold exposure can lead to a range of health problems, including respiratory issues and skin irritations. Black mold is particularly concerning due to its potential to cause chronic lung conditions, headaches, fatigue, and cognitive difficulties. Other types of mold like Aspergillus and Penicillium can also cause health problems.
Basically, mold becomes dangerous when it grows unchecked in living spaces, especially in areas with poor ventilation, water leaks, or flood damage. Exposure to toxic mold, especially over long periods, is often the basis for legal claims when it results in significant harm.
The short answer is that harm must extend beyond simple annoyance or minor. In legal terms, mold exposure must lead to substantial harm — either physical health issues or property damage.
For example, if you or your family members suffer chronic respiratory illnesses, or if your home has become uninhabitable due to mold contamination, this would be considered significant enough to pursue legal action.
Pro tip: Medical documentation linking mold exposure to health conditions, as well as evidence of property damage, strengthens your claim.
Also, you must demonstrate that the mold growth was preventable and that the responsible party — whether a landlord, contractor, or property owner — failed to take reasonable steps to prevent it.
Negligence is the most commonly cited reason for filing a mold exposure lawsuit. Proving negligence means demonstrating that the responsible party failed to exercise reasonable care in preventing or addressing the mold problem.
For example, if a landlord ignores a tenant’s complaints about leaks or water damage, which eventually lead to toxic mold growth, this is considered negligence.
For tenants, landlords are required by law to maintain habitable living conditions, which includes addressing mold growth caused by preventable factors like leaky roofs or plumbing issues. Failure to do so opens them up to liability.
Another legal route is through breach of contract or warranty claims, which often arise in new home builds or renovation projects. If mold develops due to faulty construction practices or the use of defective materials, homeowners may sue contractors for breach of contract.
For example, if a newly built home has inadequate ventilation, leading to mold, the builder may be held liable for delivering a subpar product.
In these cases, the homeowner must show that the contractor’s failure to meet the terms of the construction agreement caused the mold damage. This typically involves expert testimony from mold inspectors to establish the connection between faulty workmanship and the mold issues.
Premises liability holds landlords or property owners accountable for maintaining safe living conditions. If a tenant develops health problems or experiences property damage due to mold, the landlord can be sued if they were aware of the problem and failed to fix it promptly.
This is especially true in cases where tenants repeatedly report leaks or water issues, and the landlord does not take sufficient action to prevent mold.
Building a strong case in a mold exposure lawsuit involves collecting extensive evidence, documenting property conditions, and working with the right experts. Here’s a step-by-step guide to help you get started.
Solid evidence is the cornerstone of any successful lawsuit, and mold cases are no different. Start by gathering medical records that show how mold exposure has impacted your health.
These documents should include diagnoses, treatments, and the timeline of your health problems in relation to the mold exposure. If your symptoms improved after leaving the mold-infested environment, this can further support your claim.
In addition to medical records, get an environmental report from a certified mold inspector. This report should document the type and extent of mold present in your home or workplace, showing a direct link between the mold exposure and the health problems you are experiencing.
Evidence of the mold, water damage, and property conditions are key to proving the severity of the mold problem. Document the specific areas where mold is growing, as well as any other signs of neglect, such as peeling paint, damp walls, or damaged plumbing.
These visual proofs will help create a compelling narrative of how the mold issue developed.
Also, keep copies of all maintenance requests and correspondence with your landlord or property manager. If you’ve notified them about water leaks, dampness, or mold, and they failed to act, this can greatly amplify your negligence claim.
Mold experts play a vital role in winning a mold exposure lawsuit. These professionals can provide scientific reports that detail the extent of mold contamination, explain how it formed, and outline the potential health risks. The best part? If necessary, they can also testify in court, offering expert opinions that can help validate your claim.
For a mold case, at least two experts are needed. You need a certified mold inspector to test for the type of mold. You will also need a primary care physician to see the inspector's lab tests and then do a urine test (like RealTime) to identify the mycotoxin that can be linked to the type of mold.
Environmental consultants can assess whether building materials or poor maintenance practices contributed to the mold growth. This is especially useful in cases involving construction defects or faulty renovations.
The Gundlach v. Morgan Stanley case offers valuable lessons in how courts evaluate mold-related claims, particularly in the workplace. Let’s analyze it in detail:
In Maryland, Henry Gundlach, a financial advisor, sued his employer, Morgan Stanley, for mold exposure in his office, claiming that it caused him to develop pneumonitis — a severe lung condition.
Initially, the courts ruled in his favor, but the case was later overturned on appeal. The Maryland Court of Special Appeals decided that Gundlach’s occupation did not expose him to mold as a known occupational risk, and therefore, his claim did not qualify as an occupational disease.
Despite this ruling, the court left the door open for mold claims to be classified as accidental injuries under certain circumstances, such as sudden, unexpected mold exposure caused by an event like a flood or HVAC malfunction.
If you’re looking to win a mold case, careful preparation is essential. Here are practical tips to improve your chances of success:
You need to choose an attorney with experience in mold exposure lawsuits. A lawyer who understands both the legal and scientific components of mold cases will be better equipped to handle the complexities of your claim.
Ask potential attorneys about their experience with mold cases, including their success rates and strategies for dealing with insurance companies or negligent property owners.
Each state has a statute of limitations for filing mold exposure claims. Depending on your location, you may have between one and three years to file a lawsuit after discovering the mold issue.
Keep in mind that missing this deadline could prevent you from recovering compensation, so it’s critical to act quickly once you realize mold has caused harm.
If your case goes to trial, you’ll likely participate in depositions or court hearings. During depositions, the opposing counsel will ask questions to gather information about your claims.
It’s important to work with your attorney to prepare thoroughly, ensuring that your answers are clear, honest, and aligned with your case’s key points.
Court appearances may also involve testimony from mold experts or medical professionals. Be prepared to present evidence about the property’s condition, your health issues, and how the mold exposure affected you.
Most mold cases settle out of court, with both parties agreeing on a compensation amount. Settlements can save time and reduce legal fees, but it’s important not to accept a lowball offer.
If the settlement amount does not adequately cover your medical bills, property damage, and pain and suffering, it may be worth pursuing the case in court to secure a better outcome.
Lawsuits involving mold exposure come with several challenges. Knowing what to expect can help you prepare for obstacles and improve your chances of success. Let’s go over some of the challenges you’ll likely face:
One of the most typical challenges is proving that the mold caused your health problems. Symptoms of mold exposure, such as coughing, wheezing, or skin irritation, can be linked to various other conditions.
The solution: Medical experts must clearly show how your symptoms correlate with mold exposure, which often requires extensive documentation and expert testimony.
Insurance companies often downplay mold-related health issues or property damage to minimize payouts. They may argue that your symptoms are unrelated to mold or claim that the mold damage existed before your lease or contract.
The solution: Having solid medical and environmental reports is key to countering these arguments. Working with an experienced attorney can also help you push back against low settlement offers from insurance companies.
Property owners and landlords may claim that they were unaware of the mold problem or that they took reasonable steps to address it. Overcoming these defenses requires thorough documentation, including maintenance records, repair requests, and contact with the landlord.
The solution: You’ll need to prove that the property owner had sufficient notice of the mold issue and failed to take adequate action to prevent further harm.
Preventing mold exposure is always better than dealing with the aftermath. We’ll now share some proactive steps you can take as a homeowner, tenant, or landlord to minimize mold risks. Let’s start with tops for homeowners and tenants:
Some states have specific laws requiring landlords to address mold once it’s reported. California considers molding a substandard housing condition under its Health and Safety Code, while New York City’s Local Law 55 mandates landlords to follow remediation guidelines.
If you are facing a mold exposure lawsuit, Christopher L. Beard is the attorney you need. With years of experience in mold-related cases and the rights of tenants, he has a deep understanding of the legal and scientific aspects involved.
His attention to detail and ability to collaborate with mold experts ensures that his clients get the best possible representation. His proven track record in mold cases, including those involving severe health consequences and property damage, makes him the ideal attorney in this field.
If you’re wondering how to win a mold case or looking to improve your odds of winning a mold injury legal case, Christopher L. Beard can provide the guidance and expertise needed to navigate your claim successfully.
Reach out today to schedule a free consultation or call (443) 569-3950 to learn more about how we can help you get the compensation you deserve. Free information is also available on the Resources page.
