Mold Litigation in Miami
Mold is expected by many legal experts to be the next “movement” of toxic tort litigation and liability. Within the past few years, mold has gained nationwide media attention, affecting a wide scheme of various specialized industries, involving homeowners, landlords, tenants, luxury property owners, management companies and property managers, developers, realtors, contractors and employers in multi-million dollar lawsuits.
That being said, Toxic mold litigation appears to be on the rise, along with insurance claims for mold damages as well. As both continue to grow, individuals facing possible mold issues are urged to respond accordingly by consulting with a certified mold inspection Miami Beach and remediation company. Miami Mold Specialist will perform a full investigative property inspection, documenting any and all water and/or mold damages incurred throughout the premises.
Mold infestation is generally a result of water damage and/or flooding, seepage, leakage, condensation as well as excessive moisture and humidity which provide conditions conducive to both visual and/or airborne mold growth. Mold litigation against a builder and/or contractor generally relies on evidence that the builder/contractor failed to prevent water infiltration or actually caused the water infiltration, generally through poor roofing, drainage or piping. Mold cases against landlords are generally based upon thier failure to make repairs, thereby resulting in moisture buildup and/or subsequent mold growth as well as their failure to remove the mold. Property owners may be found liable based on constructive notice, where they should have known of a defect, either the cause of mold growth, such as any water intrusions and/or the mold growth itself. Damages are in most cases, recovered for both repairs of the property as well as personal injuries including harm and health due to acute or long term mold exposure.
The presence of mold growth in an affected area can result in extensive property damage and/or personal injury. Plaintiffs in mold litigation commonly allege a number of illnesses or health effects as a result of both short and long term mold exposure including, asthma, rashes, fatigue, red/itchy eyes, runny nose, as well as various respiratory difficulties and even sick building syndrome. If you have been exposed to mold growth and are experiencing any of these symptoms, Miami Mold Specialist will provide a comprehensive inspection, including sampling of surface(s) as well as air quality throughout your premises. Your samples will then be sent to an independent microbial laboratory for analysis. The results will detail if mold is present, as well as the type of mold present and will also list various health effects associated with the forms of mold found.
Finalizing an outcome in mold litigation is typically dependent on establishing sufficient causation between the plaintiffʼs alleged injuries and the specific species of mold spores. Causation is established when the plaintiff is able to prove “general causation”, that the specific species of mold growth is capable of causing the plaintiffʼs specific injury in conjunction with “specific causation”, that the plaintiff was actually exposed to a significant amount of the alleged toxic mold sufficient to cause the plaintiffʼs injury. Therefore, in order to establish causation, Miami Mold Specialist will perform mold sampling throughout the allegedly contaminated premises. Miami Mold Specialist will then be able to provide expert witness testimony as well, if and as necessary.
Due to the surge of mold cases, residential real estate companies are increasingly recommending to both their agents and clients to have a mold inspection Miami Beach performed prior to purchasing a new home. If you are in the process of purchasing a new home, have the property inspected by Miami Mold Specialist prior to closing to insure that there are no hidden water and/or mold damages present throughout, while also insuring that the conditions present within the home do NOT facilitate mold growth.
Should you have any further questions regarding mold litigation, a Miami mold insurance claim, and/or real estate transactions requiring a mold inspection as a prerequisite, feel free to contact our office at 1-305-763-8070 and we will be glad to assist you.