A species of black mold is found in a home. Immediately, the family discovers that all sorts of mysterious injuries may have been caused by the mold. Stacks of doctor’s bills, prescriptions and even time away from work may have also resulted from the contamination. However, this ailing family may not be legally liable for the mold contamination.

The property owner is the first stop when searching for legal liability in a toxic mold case. He is the person directly responsible for the maintenance and therefore should have either eradicated or prevented the mold growth. Tenants of a contaminated building or home need only to prove that the owner was responsible party. In some cases, the property manager or supervisor is charged with this duty. They too have liability in a toxic mold case.

Property owners may be responsible for the building, but may not be liable for the mold contamination. Insurance companies may be liable if found to have delayed, denied a mold eradication claim, or if the insurer paid for a cleanup that was less than appropriate for the amount of damage. The owner could sue the insurance company for loss of use, relocation of his tenants, and reimbursement for any remediation (cleanup).

In addition to the insurance company, any other party found to be liable for the toxic mold infestation is also subject to court action. Included are builders with shoddy workmanship; suppliers of faulty, contaminated materials; realtors who knew of the mold but failed to disclose; architects who design faulty ventilation systems; building inspectors who failed to detect an obvious contamination; the list goes on. Liability in mold cases may be traced all the way back to the building’s conception to find the cause of the mold.

Responsibility doesn’t always translate into liability. Toxic mold cases are often fought, for example, over defects in materials and workmanship, failed disclosures, breach of contract, and simple negligence. Mold related illness has also evolved into workers compensation claims.

A personal injury attorney who specializes in toxic mold case law can help to determine liability, and also potential damages that emerge from a mold contamination. He can assist his clients in punishing the liable parties, and also recovering costs and losses that result from toxic mold injuries.