Toxic Mold Injuries: Legal Theories of Liability
Negligence: Negligence is the most common theory of recovery in mold cases. Negligence is described as the failure of a responsible party to work with the degree of care that a person of reasonable prudence would use under the same or similar circumstances. For example, a contractor in a mold case may be negligent because they failed to use reasonable care in sealing the moisture out of your home or commercial building, and that failure caused an infestation of mold that resulted in illness, structural damage, and/or excessive clean-up costs.
Breach of Warranty: Many states have statutes that require builders and architects to warrant their work for a specified period of time. If your home or commercial building suffers from a mold infestation problem because of faulty workmanship, you may have a warranty claim. You should contact an attorney as soon as you discover mold or water intrusion, as many warranty statutes have time limitations pertaining to when you must bring your claim.
Failure to Disclose: Most states require previous owners to disclose material facts that affect the value or desirability of the property they are selling. If a previous owner knew of a potential mold problem and failed to tell the potential buyer, there may be a failure- to-disclose claim. As with breach of warranty, you should contact an attorney as soon as you discover mold or water intrusion because many laws have time limitations pertaining to when you must bring a failure-to-disclose claim.
vToxic Mold – Get Help Now
If you discover a mold problem in your home, business, or place of employment, you should contact a lawyer as soon as possible to discuss your situation and explore your legal options. Especially in light of complex scientific evidence associated with toxic mold cases, and laws that limit the time in which you may file a potential claim for injuries, speaking with an experienced attorney as soon as possible is the best way to ensure that your legal rights are protected.
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