Toxic mold injury cases have become more prevalent in the area of personal injury law. This results from the combination of society’s increased exposure to dangerous mold infestations, and the simplicity of taking the proper precautions to avoid such exposure. If you believe you are a victim of toxic mold exposure, continue reading to learn what you need to know, including how to get started on making an injury claim.
Toxic Mold Accidents and Liability
Liability is the foundation of all toxic mold injury claims. The plaintiff party (victim) has the burden of proving that the accused party was negligent in regard to mold remediation and management, and as a result, they suffered serious injuries and heath complications. Common examples of at-fault parties in toxic mold cases include apartment buildings, hotels, restaurants, offices, and schools. For this reason, many toxic mold victims hire a premise liability personal injury lawyer to represent their injury claim.
To help you better understand, here are a few detailed scenarios in which a person or company may be held liable for toxic mold exposure:
A supplier drops off an overnight carpet shipment to a contractor, but leaves the shipment outside while it’s raining. The carpet develops mold without the contractor knowing, and he installs the carpet. As a result, occupants of the building are exposed to mold. Although it was the supplier who left the carpet to get moldy in the rain, it is the contractor who would be held liable since he was the party who ordered a type of material that was susceptible to dangerous mold growth.
A building owner provides a particular set of cleaning supplies for the janitorial staff to manage mold growth, but these cleaning supplies are inadequate. As a result, dangerous mold accumulates within the property and occupants are unknowingly exposures to toxic spores. It is the building owner who is liable for the exposure.
A property manager tells the landlord to cleanup a mold outbreak in the building, but the manager ignores the problem and allows it to worsen overtime. As a result, tenants are exposed to dangerous mold spores and fall ill. It is the property manager would be held responsible for the exposure in a premise liability lawsuit.
Possible Individuals Liable for Toxic Mold Exposure:
➛ General Contractors
➛ Siding Contractors (esp. stucco)
➛ Structural Engineers
➛ Property Managers
➛ Material Suppliers
➛ Previous Homeowners
Common Illnesses Associated with Toxic Mold Exposure:
➛ Respiratory Disease
➛ Neurological Issues
➛ And More
Hiring a Toxic Mold Premise Liability Lawyer
The best way to recover any economic losses that result from toxic mold exposure is to make a personal injury premise liability claim. Otherwise, victims have no other realistic recourse. Not only can toxic mold lawsuits benefit victims in a financial aspect, but they can also pose penalties on the at-fault party. Keep in mind that not all claims for toxic mold injuries are valid; it all depends on various factors and circumstances surrounding the case. Primarily, such claims are based on the medical testing and treatments needed due to the mold issues, but they will also need a certain level of professional investigation to help confirm the extent and origins of the mold accumulation.
In order to have a valid premises liability case against a negligent property owner, first you must have been on the private property legally. Second, the property owner had to have owed you a legal duty to ensure that the premises were reasonably safe and free of foreseeable hazards. Third, the property owner had to have breached their duty of care, which was to ensure their premises was a reasonable safe environment. Fourth, the property owner’s failure to uphold their duty of care was a proximate cause of your toxic mold injuries and subsequent losses. Because of the complexity of toxic mold injury cases, it is vital to consult an experienced Indianapolis personal injury attorney for custom advice for making a premise liability claim.
Contact Carl Brizzi LAW at 317-636-7497 to make a claim for toxic mold exposure in Indianapolis, Indiana. Our skilled premise liability attorneys provide free consultations to discuss the best strategies for recovering the full and fair compensation you deserve.
You Might Also Read: