A mold problem can devastate a property owner financially. He must take expensive measures to eradicate the mold, and to prevent its return. There’s also the headache of relocating either himself or the tenants until the mold is under control. All of these make mold contamination something that a property owner should not ignore.

The discovery of mold is potentially problematic for people other than the property owner. This leads to the biggest financial liability, the resulting litigation. Mold contamination is usually preventable, as are the illnesses that infected residents succumb to. Therefore, any injury (illness) resulting from a mold contamination results in feeding ground for litigation.

Mold cases fall under the category of personal injury law, and are covered by personal injury attorneys. Since the late nineties, this branch of law has seen a sharp rise in the number of mold cases argued in civil courts. Mold cases most always hinge on the issue of negligence, because the mold contamination should have been preventable.

The award amounts have also sharply increased as more and more cases of mold contamination have been linked to a growing list of illness. The assignment of liability in these cases have widened over the years also.

Liability in mold cases changes with every situation; however, the universal aspect in them all is the prevention of the mold contamination. This casts a wide net over anyone who is involved with the affected property, from its excavation to the monthly maintenance. Contractors, architects, materials suppliers, landlords, and even insurance companies have all seen a term in the defendants chair in a mold case.

Negligence is the primary cause of action in a mold case, but it isn’t the only one. Lawsuits have been brought on the grounds of fraud, breach of contract, constructive eviction, and failure to disclose. Mold has also become central to workers compensation cases. An attorney who specializes in toxic mold can look at each individual case and find the appropriate case of action that will bring the case before a court of law.

Immediate attention is needed in mold cases—prolonged exposure can cause serious illness and extensive property damage. If mold is found at any time, then the local health department should be notified first. Then, consult a doctor for any injuries and finally a personal injury attorney.