Toxic Mold Law

Toxic mold law is a legislation that is a part of the toxic chemicals act. It deals with issues concerning the standards and policies to be followed when dealing with substances that are toxic in nature. Mold contamination is an increasing problem in most homes, offices and indoor public spaces across the US. Mold formed due to water seepage caused due to faulty construction or improper maintenance has many health hazards primarily to the respiratory system sometimes culminating in death.

Parties held responsible for mold contamination:

  • Landlord: A tenant who has suffered from the old contamination in a rented space can sue his landlord for damages and compensation. The burden of proof rests with the plaintiff, which can be achieved by producing a home inspector’s report. Also an air quality test has to be performed to determine the levels of mold spores in the house.
  • Home sellers: Before purchasing a house, the buyer has to obtain documents regarding mold contamination from his seller. If the information provided by him is false or if he has suppressed information of previous mold contamination and repair, then the buyer can sue the seller for false claims.
  • Employers: It is the duty of an employer to provide a mold free work space for his employees. Failing to do so can harm the health of his employees, who in turn can sue him for damages.

The offenders are charged with negligence, breach of warranty and failure to disclose.

Compensation to the victims of mold contamination:

The following damages can be collected by a victim of mold contamination once he gathers proof of the same at his workplace, new home or rented space:

  • Medical expensed incurred due to the illness caused by mold contamination. Any future expenses may also be claimed.
  • Damages for absence from work due to the illness, pain and suffering.
  • Long term damages that affect the earning capacity of the plaintiff.
  • Punitive damages.
  • In case of death of the victim, the family can claim all the above mentioned damages from the offender.

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