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Read
Mold Legal Guide
as an in depth introduction to both
sides of the key mold legal issues and of the essential claims and
defenses
in mold lawsuits.
Mold Law
Questions and Answers
Q.
We are being sued by our daughter for work that was done in her basement
by her father. The overall gist is that her father put 2X4's on the
concrete wall, doubled, and then put insulation up. The insulation got
wet from water coming in from the outside, and began the growth of black
mold. Their Claim is that there was not enough air circulation to let the
insulation dry out once it was wet.. My questions: If there had been NO
water, would black mold have occurred? My information shows the answer
would be NO. Is that your understanding? There is usually an odor in the
air of a basement when mold is present. Once the Black Mold began, would
there have been an odor before it completely ran around the entire
basement (24X30). We were thinking that if an odor began, a few of the
4X8 sheets of panels could have been removed and the insulation could have
been replaced and the walls treated. Would that be a fair assumption?
[December 28, 2004]
A.
When you are involved in mold litigation, your two most important
self-preservation steps are: 1. Have the subject property thoroughly
inspected and mold tested by a
Certified Mold Inspector, with the results going only to you as the
person who paid for the mold testing. 2. Obtain the legal services of an
environmental attorney [finding a good one in your area is one of the many
useful sections of our in depth ebook
Mold Legal Guide. Read
the Guide very carefully. Print out your copy to share
this valuable mold litigation reference book with your attorney so that both
you and he are aware of the possible legal mold legal issues on both sides
of the dispute. As to several of your questions, yes, mold cannot grow
without access to high humidity (60% or higher) or another water source like
a basement water intrusion problem. The big problem is the water, not
the building of the wall. No basement improvements should ever be done
without first measuring indoor humidity year-round in not only the basement,
but also the entire house. Also, the basement walls, basement floor, and
foundations should be visually inspected for moisture problems, and scanned
for hidden water problems with a special hidden moisture meter. Similarly,
prior to any new basement remodeling, it is wise to inspect and mold
test the entire basement and all around the home for mold infestation by
using
do it yourself mold test kits available at a large hardware, home
improvement, or safety store. As to smelling mold, some people are
much more sensitive in their ability to smell mold than are others. The
growing mold problem probably did generate a mold smell, but was it
detectable by the residents. Your hypothetical
mold treatment plan does not address finding and fixing basement water
problems, basement humidity, problems, and safe and effective steps
required for
mold remediation.
Q.
I am a Victim of Toxic Mold, we have a lawsuit against our home
owners insurance co, and the home owners association insurance
company, Mold was discovered in the townhouses that we lived in,
(I'm saying lived, ) because we had to evacuate our home, and
leave everything behind and find another place to live in, until
this case was settled, 3 and 1/2 years have gone by, I have
cancer, Multiple Mycetoma, it is a Blood related cancer, and my
husband is also such with bronchial, and sinus problems which he
has never had before, My question is, the Medical profession
knows about it, and is turning a blind eye to it, the Insurance
companies certainly know about it, and they are making our lives
miserable, because they don't want to do anything about it, they
are the first ones to promise you anything, but when it comes to
do something about the problem they will drag you through the
courts, just so that they will not have to part with the money
that people pay them for Insurance. Why is there not a law to
protect the public, - why is the Medical profession keeping Mum
about it, and do not even want to get involved. What is going to
happen to the thousands of people that are so sick, and some
that have died, Where does one go from here.? [Oct. 15, 2003]
A. The American legal system has been established and is
administered NOT to provide justice for mold victims such as
yourself, but only to enriched lawyers and defendants rich
enough to pay good attorneys to escape paying for their mold
liability. One step I have taken is to co-author a lay book
explaining mold legal rights:
Mold Legal Guide You are right that most doctors are still ignorant about the
health problems that arise from mold exposure. One step I have
taken is to help educate both physicians and their patients
about mold diagnosis and treatment is my new book Mold
Health Guide. I am sorry you and your husband are
suffering so much. One action I would strongly recommend to
you is not giving up in your fight for financial compensation
from the defendants. Defendants keep on stalling discovery
and trial dates so that the defendants can hopefully wear out
the victim plaintiffs to the extent that the plaintiffs give up
and dismiss their lawsuits.
For more
legal Q & A and mold news articles, please visit the
following pages:
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