Toxic Mold Due to Property Defects

Toxic mold problems in homes and commercial buildings have dramatically increased in recent years. Many of these problems result in legal claims. Experts and lawyers who handle mold-related claims give various reasons for this increase. Such reasons include the increased emphasis on:

• Making buildings airtight
• Quick construction
• Faulty building techniques and materials
• Increasingly complex building designs

Toxic mold — or, more accurately, mold that produces mycotoxins — presents a lurking danger to many homeowners. The toxins from many common forms of mold can cause asthma, allergic reactions, and other unpleasant symptoms. Mold can also be difficult and expensive to remove.

The Toxic Mold section of FindLaw's Real Estate Center offers legal and health-related information about toxic mold exposure in the home or workplace. This section includes tips on how to assert your rights if you have suffered property damage or health problems caused by toxic mold and how to prevent mold from entering your house in the first place.

The Dangers of Toxic Mold

Mold is everywhere, and most types of mold are harmless, even if they smell bad or look disgusting. But toxic mold — as its name implies — is a big problem in some parts of the country, particularly when builders have not properly accounted for the likelihood of mold development. The types of mold considered toxic produce mycotoxins, which can cause a slew of health problems if not removed promptly. Removal itself can be very difficult because it spreads rapidly and often requires the removal of carpet, floorboards, drywall, and other materials.

Toxic mold, as with all kinds of mold, enters the home as spores in the air and then thrives in damp and dark areas. Many newer homes are airtight to improve energy efficiency. But this inhibits the building's ability to dry out. If water leaks from a faulty pipe, it will slowly soak into the surrounding materials without evaporating. Any mold spores in the vicinity will quickly take hold and multiply.

Toxic mold may have health effects. Certain kinds of mold give off "volatile organic compounds" (or VOCs) through their natural processes. They evaporate at room temperature and give off that telltale musty odor. The VOCs of some types of mold are toxic to humans and do not evaporate as easily. Since it's difficult to determine whether a mold is toxic at the outset, it's always a safe bet to investigate it and remove it.

Some of the most common illnesses caused by mold exposure include the following:

• Allergies (a worsening of existing symptoms)
• Fevers
• Respiratory problems
• Burning and watering eyes
• Sore throat
• Headaches
• Skin rashes

The people most at risk of illnesses caused by mold exposure are:

• Those with allergies or a weakened immune system
• People with lung disease or other pre-existing respiratory conditions
• The elderly and young children

Do You Have a Mold Problem? Warning Signs

Although mold typically takes hold in the dark, often-unseen parts of your home, there are some warning signs that you may have a mold problem. Remember: The earlier it is detected, the easier it will be to clean up and the less likely you will suffer any health problems. The warning signs of possible mold infestation include:

• Visible mold growth (this sounds obvious, but make sure you know what it looks like)
• Water stains or discoloration on walls
• A "musty" odor
• Standing water or condensation on walls, floors, or windows

Mold spores are everywhere in the natural environment. They enter homes and buildings through windows, open doors, pets, or by attachment to people. Once the spore is in the home or building, it must have abundant moisture, a food source, and a certain temperature range to grow. To check for mold, home buyers should complete thorough mold inspections during the home inspection.

How Construction Problems Can Lead to Toxic Mold

Construction problems can make a property more likely to develop problems with moisture and mold. Even worse, property repair and mold removal can be just as expensive as associated medical costs. Potential buyers should not rely solely on their real estate agents to spot indoor mold issues. While agents may be able to provide some tips, a licensed home inspector is far more qualified to do mold testing. To prevent health risks, a mold inspector can check for signs of mold by focusing on potential construction issues.

Construction defects aren't the end of the world, but even a new home should go through testing during any real estate transaction. You and your inspector may spot mildew or mold growing around:

• Poorly designed air conditioning systems (HVACs)
• Leaking pipes that were not properly connected
• A leaking roof that was improperly installed

Moisture infiltration is the main cause of building black mold (Stachybotrys chartarum). Moisture may come from a wide variety of sources. Many modern homes and buildings are very airtight, which is great for efficiency but not so great for allowing the structure to dry. So, mold can develop from poor ventilation and increased humidity levels.

For example, once moisture gets in through a pipe leak, faulty windows, roof leaks, or other sources, the water can't evaporate. This creates a moisture problem and can sometimes result in water damage.

Mold likes the moisture of poorly ventilated places, such as a laundry room, crawl spaces, a dishwasher, or a shower. It may grow on wet materials such as wood, insulation, ceiling tiles, and carpeting. It thrives in places with high humidity. A buildup of rainwater in gutters or a damp basement can be perfect breeding grounds for mold. Poor ventilation in spaces with humidifiers can cause mold's rapid development.

It's important to identify the growth of mold early. Health issues such as sneezing and runny nose can result from diminished air quality. If the toxic mold lingers, a home seller may need to hire a mold remediation company to conduct a serious cleanup before selling the property.

How To Get Help

Mold will grow when there is excessive moisture in a home or commercial building. Adverse health effects and clean-up costs after mold exposure can be devastating. You can prevent mold growth in many ways, such as with proper ventilation, dehumidifiers, and open windows. But it may still become a problem despite these efforts. Suppose you discover a mold problem in your home, business, or place of employment. In that case, you should contact a lawyer as soon as possible to discuss your situation and explore your legal options. Mold cases often involve complex scientific evidence, and there could be a time limit on filing a claim.

If exposed to toxic mold in your home, you may be able to file a legal claim to collect damages. Determining who is responsible may be tricky, but that's where a toxic mold attorney comes in. Depending on the extent of the problem and injuries suffered, plaintiffs may claim damages for medical costs, clean-up and structural fixes, and even lost wages related to any illness from the mold. Find a toxic mold attorney near you.