Can I Sue for Toxic Mold in My Home?

Can I Sue for Toxic Mold in My Home?

Posted By Golomb & Honik, P.C. || 27-Feb-2018

Your home is supposed to be a safe, inhabitable place, free of intrusions or hazards. In the spirit of keeping their homes safe, many homeowners install home security systems, fences, locks, and other defensive features. However, not all intruders come in through a door or window.

Sometimes, a dangerous intrusion may take the form of a deadly substance or growth, such as mold. If undetected or unaddressed, mold can threaten the integrity and market value of your home, require costly remedies, and pose major health risks to you and your family.

Signs You May Have a Mold Infestation

Sometimes you can see the effects of mold growth before you see the mold itself. Mold may be growing and spreading in your home if you and your family members or other co-inhabitants are experiencing any of the following symptoms:

  • Sneezing
  • Coughing and wheezing
  • Watery or red eyes
  • Itchy throat, nose, and eyes
  • Chest pain and tightness
  • Difficulty breathing
  • Symptoms of asthma
  • Rash

These are common symptoms of mold allergy or of the presence of mold somewhere in your home. However, the symptoms of toxic mold or out-of-control mold growth are much more severe and can include:

  • Difficulty with memory, conversation, and concentration
  • Fatigue and lethargy
  • Frequent static shock
  • Abdominal pain and digestive irregularity
  • Diarrhea
  • Bloating and discomfort
  • Dizziness, imbalance, vertigo
  • Vomiting

If you are experiencing mold-related illness in your home, it is best to leave your home and seek medical attention immediately. However, when you return to your home, it is important to assess the damage done to your personal finances and your home. If your homeowner’s insurance policy is not sufficient to cover the damage incurred, you may need to take legal action against any potentially responsible parties.

Toxic Mold in a Home You Built

If you built your own home with the help of contractors, architects, and other important professionals, there is a chance that one or multiple of them failed to ensure your home would be inhabitable and free of unnecessary risk.

When you hire a construction contractor or a builder, there is an expectation that they will exercise reasonable care when piecing your home together. When they don’t, it can sometimes contribute to toxic mold growth, such as in cases of failure to properly install your home’s ventilation system. Your builder or their materials supplier may also be liable for your home’s mold growth if they used materials that were already infected with mold.

Architects, designers, and engineers also play a major role in the way your home is structured. If you relied on the advice of any of the above and it resulted in poor ventilation or other structural contributors to mold growth, you may be able to hold them responsible for related damages.

Toxic Mold in a Home You Purchased

Almost as serious as building a home set up to foster mold growth is purchasing a home that is already infested with toxic mold. When you purchase a home through the previous owner or a realtor, either may be liable if you find that they withheld information about the infestation or failed to adhere to disclosure laws. You may also have legal recourse against the inspector who evaluated the home and did not notice or report evidence of a mold problem.

Toxic Mold in an Apartment or Condominium Complex

The owners of the complex you live in are likely liable for the mold infestation you are experiencing, as it is the duty of the property owners to ensure the place they are charging you to occupy is inhabitable and safe. Even if your lease implies that you may be responsible for any issues regarding mold, fungus, etc., it is still your landlord’s legal obligation to create a safe living environment.

If Any of the Above-Mentioned Parties Are Giving You the Run-Around, Call Golomb & Honik, P.C. Today.

At Golomb & Honik, P.C., we exist to be your advocates and help you hold the responsible party (or parties) accountable for the damage they have done. If your homeowner’s insurance provider is unresponsive or is not supplying the compensation you need to cover the cost of damages associated with your mold infestation, we can help. We can also assist you in going up against your contractor, landlord, realtor, or anyone else who may be liable.

If it has happened to you, it has likely also happened to others. In the event your complaint is one of many, you may be able to start or join a class action lawsuit against the responsible party.

Call (215) 278-4449 today to schedule your free consultation with one of our attorneys in Philadelphia.

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