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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Mold Legal Guide eBook

Whether or not you are a mold victim, or a present or future mold plaintiff or mold defendant, the Mold Legal Guide will help you and your lawyer to deal with and to survive financially the immense and complicated legal problems arising from mold issues that are commonly arising in today's lawsuit-crazy world in such business relationships as: landlord and tenant, employer and employee, property seller and buyer, realtor or real estate agent and seller or buyer, mortgage lender and debtor, home builder and buyer, and contractor and customer. More information...

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