Personal injury law has embraced the toxic mold injury cases. They have become more prevalent as more and more people are introduced to the dangers of the mold, along with the simple prevention measures that might have saved precious time, money and suffering. Oftentimes, filing a claim is the only way to recoup losses, and penalize those at fault for the infestation.

A toxic mold claim is built on liability. Those responsible for the maintenance of the contaminated building may not be liable for the mold. For example, the janitor may have used the cleaning protocols issued by his employer. He is therefore not liable for the mold, but his employer is liable for his role in providing inadequate supplies. A contractor may have used carpet in his building that the supplier let sit outside for a few days. The builder is responsible for using materials that potential bred the mold, however, it was the supplier who provided that material—knowing that the carpet sat outside and could have been contaminated. In another case, a landlord tells his property manager to get rid of a mold problem, but the manager lets the mold colony remain. The owner is responsible for the building’s maintenance, but the property manager is liable.

Liability translates into a claim. Cause of action in the first example above may be negligence or in some states, strict liability—the owner is responsible for the building and therefore the mold problem as well. The contractor mentioned above a may have a claim against the supplier for breach of contract in the use of sub par materials. Both the supplier and the property manager may be sued for professional malpractice. Other causes of action in a toxic mold case include fraud, failure to disclose, and workers compensation.

Toxic mold legal claims may require professional investigation and testing to help determine the extent and origins of the problem. The judge and jury in each case need a clear line drawn from the mold contamination to the liable party, so a great deal of evidence is gathered to that effect. A personal injury attorney who specializes in toxic mold cases may have these professionals already on retainer. All of these costs are recoupable in court. The process needs only a claim to begin.