Mold Legal Information

Toxic Mold Lawsuits

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How common are Toxic Mold Lawsuits?

In a country where personal injury and negligence lawsuits are commonplace, it was only a matter of time before the United States saw lawsuits regarding toxic black mold.

There are now several active lawsuits around the country regarding mold in residential or commercial buildings, and the exposure too their inhabitants.

What is Toxic Mold?

Toxic mold, scientifically known as Stachybotrys, is the greenish-black mold that grows on material with high cellulose content, such as straw, fiberboard, dry wall, and paper.

It does not grow on plastics and vinyl. Stachybotrys gives off powerful mycotoxins that are dangerous to human health when exposed to them.

With the public becoming more and more aware of the dangers of mold, and upon the decision of most health departments to label Stachybotrys as a health hazard, the path has been laid for lawsuits to commence.

What is the Outcome of Toxic Mold Lawsuits?

Building owners, homebuilders, and insurance companies are all finding themselves on the defending end of litigation.

Courts are taking these claims very seriously, and juries have already awarded large sums to people who have been negatively affected by toxic mold.

Insurance companies have had to payout when they failed to pay for moisture-related repairs that eventually turned into a mold problem, and homebuilders have lost suits that claims bad workmanship contributed to the ability for Stachybotrys to grow and take over.

Further Recommended Reading

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36 comments

Lindalela@yahoo.com August 16, 2006 - 4:30 pm
Please help me find DEFENDING a hosehold mold lawsuit....
Corecia J. Woo June 1, 2007 - 10:40 pm
I am an attorney handling personal injury - particularly toxic mold cases. I am interested in as much information as you have and I am available to answer questions. Thanks.
Mold Legality Information - The Mold Blog November 4, 2007 - 9:48 am
[...] you are considering a toxic mold lawsuit, and want to know where to start, look at your situation. Just because you may have been harmed by [...]
Marlene Gundlach October 10, 2008 - 9:19 pm
Scary stuff, hopefully anyone in this position can find the help they need.
B Busey November 17, 2008 - 2:27 pm
I am looking for a lawyer who specializes in toxic mold cases. Any suggestions?
Janice January 5, 2009 - 11:02 pm
I am looking for a attorney(memphis, TN) because I recently noticed water leaking in my apartment 2months ago and my apartment mgr has not come to fix anything and now there is mold in my kids room
Sarah March 14, 2009 - 11:06 pm
I moved into an apartment in November, there was a growing odor and eventually we found that the washer was never hooked up to a drain. We were moved out in March. Stachybotrys was found at 60% in my childrens bedroom and our laundry room which was in our living room. My biggest concern is that we found out that they knew of this problem 1 1/2 years ago and still had us move into the apartment. We have been sick and they want to give us a $20 discount at our new apartment and call it good! we are in reno, nv...is there anyone that could help us? also the maintence man who helped my husband find where the odor was coming from was fired and they did expose my children and I plus all of our belongings and then moved everything into the apartment. I am worried my things are contaiminated! Any help would be strongly appreciated!
albert November 29, 2009 - 11:40 pm
have you any information on the doctors who could detox for mold exposure...states or canada. or lawyers who have won cases against owners or corporations for neglegence.
John June 2, 2010 - 12:56 pm
I know someone that has got asthma from mold exposure in their workplace. So far we can't find any way to be compensated other than worker's compensation and that's taking forever. Is their any lawsuits that we could try in this type of case? Any information would be appreciated. Also, if it matters i'm located in NC.
Duane June 24, 2010 - 9:23 pm
My name is Duane Farnell and I am looking for information regarding mold. I came into contact with mold at my place of work that caused an allergic reaction which left my hand scared I now have breathing issues and vertigo...also everything I eat taste like mustard. If anyone can help me please feel free to contact me via facebook.
John Scott April 8, 2011 - 5:06 am
Came across this site wile researching some new issues - especially the new building codes making fire sprinklers mandatory. Seems like this will create more water damage as sprinklers go off in the entire home for isolated fires, such as cooking fires, with more water damage will come more lawsuits. Will bookmark your site for more information.
A.Janes November 8, 2011 - 5:56 am
how do I begin to hold landlord responsibe? I have an 8 yr old son I am 46 we both have health problems due to black mold and have been exsposed for 7 half years what do I do first landlord ignores my complainst HELP
rena smith December 15, 2011 - 7:20 pm
I moved to property foreclosed. This property was used for rent before. Previous renters stuffed ducts with garbage. I smell strange odors and then found the problem. What are my legal rights?
Mommy2two April 17, 2012 - 11:31 am
My son was diagnosed with Asthma in 2009, we had mold in our apartment. Section 8 & our management sat on their bottoms and did nothing to fix the recurring mold issues (just clean the area with bleach daily- the section 8 lady told me). Mold continued to grow, my son was hospitalized...only then did they "fix" the problem. Mold still continued to grow afterwards, once again nothing. Giving up on ailing health we decided to move last summer. My son started going to a new specialist for asthma and now it is recommended we have a nebulizer for his Asthma. I took many pictures of the mold issues, and our wet winter windows (hey I didn't know this meant moldy apartment) before we fully moved in. Could his asthma be a cause of the moldy mess we lived in for 3+ years? I too have had severe respiratory illness' including pneumonia and bronchitis whiel living there and still do. Would we have a case?
Cindy April 27, 2012 - 7:13 pm
I got asthma from my workplace three years ago..Myself and other employees told management about the awful odor of mold coming from our office space for months after very heavy rains. I remained at my job for a year after because my employer would not let myself or co-workers move to another location even though a number of us were complaining of illness. I have been away from the environment for a year now, but I am still on a daily inhaler, and taking allergy shots. My breathing capacity has gotten better over the past year, but I still take Prednisone when I get a respiratory infection, and am now very reactive to perfumes, cleaning supplies and such. Worker's Compensation has been paying for my medical bills and weekly income since I was given no choice but to leave my position after complaining about the air quality..My employer rents the space from a very large company, and I have also filed a personal injury suit against the building owners since they were uncooperative when told about the problem. I was not aware the building had been tested years prior to my working there due to complaints about asthma and other illness because of the air quality.
darron February 5, 2013 - 11:08 am
How do I know if I have mold in my house and if I have mushrooms growing out my floor what should I do?
Brent R. Upshall March 19, 2013 - 4:16 pm
I'm having serious health issues now, and have not been able to workCanada ter repeated attempts to get the kitchen sink fix. The handy man replaced the tap about 4 years ago. At that time, the repair man told me the bottom of the counter top was completely rotten, and he would tell the landlord (the landlord confirm he was told today) My 10 year old son that lives with me half the time. He has frequent nose bleeding. He has been complaining for a while a sore stomach, headaches... I suffer from worsening depression, dizziness, chronic agitation, skin flare up, My older 17 year old son (that lives with me full time). He has been violently scratching his legs for many months. I was designated "unfit to work", by the City Of Ottawa, because of throwing up several times a day, and complete disorientation. I. Have been renting and living here for about 8 years. This is the second serious problem with mold, so I guess I a more Susceptible to mold illness. Has anyone had similar problems? Any ideas? I live in Aylmer Quebec, csna
Lisa March 24, 2013 - 8:32 pm
I have lived in my home less than a yr and I got my air ducts cleaned well the company let me know I have mold really bad. My daughter has been sick with a cough a few times and the doctor couldn't figure it out even prescribed an asthma inhaler to try and she's doesn't have asthma. My ? is am I able to sue the previous owner or the inspector that inspected this house and told me it was ok to move in?
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Steven June 21, 2013 - 9:03 pm
If my landlord knew of leaks around the windows in my home which could possibly lead to the mold which now exists, are they liable if Mold is causing me and my infant children to get sick now? A neighbor told me the leaks was the reason the last tenants moved out. And now, my son has asthma, and i have had about 5 sinus infections since moving in in November. I have chronic migraines, and i wake up with throbbing headaches vomiting when i sleep in my bedroom. My apartment is owned by CAPS organization, and the employee that manages the property when told of my illness and suspicion of mold tells me to clean the mold with BLEACH? Have been to my doctor and he cant tell me why i keep getting sinus infections. I THINK I MAY NEED LEGAL HELP!?
Roland Woody August 5, 2013 - 11:11 am
My wife and two children were living in Washington DC;my wife (yvonne);my son (Roland) my Daughter(Raynika) each suffer from asthma whose health conditions were deteriorating due to the abominable housing conditions. The Legal Aid Society and DCRA both had made the DCHA and The landlord/owner aware of these conditions and they did nothing to remedy any of the pervasive conditions. Those Conditions Included raw sewage leaking into the basement,no hot water, pervasive mold and the absence of safe drinking water. He was also not registered with DCRA and Operating with out a permit. How did he do that!!!. As a result to the neglect from DCHA and the owner; On Jan 12 2011 Raynika my daughter died in my arms due to those conditions;She came to me and said Daddy when is they (DCHA) going to let us move;her last word. I have the autopsy report,the pictures,and paper work to support the claim. I can provide additional evidence . Please call me or my wife Yvonne A. Woody at 202-580-3432 or E-mail me at Roland2@stu.aii.edu. Thank You
George Petty February 28, 2014 - 7:25 pm
WANT SOME INFORMATION ON CRIMINAL LAW PERSONAL INJURY CASES?
Tina August 7, 2014 - 10:27 am
Hello, I am looking to get assistance on a possible case to be brought up against my community complex. My children and I moved into a unit on 3/13/14 and on 3/19/14 I called the rent office and explained that we had all become sick and that I believed there to be mold in the home. I was told there was not and when I requested to move they told me that they didn't do that and they didn't have a unit to move us to. 3/29, I had to take both my kids to the Urgent care for breathing issues. On 4/20, ER visit for my 5 year old daughter breathing issues. 6/15/14 another ER visit for my daughter for breathing issues which then turned into an ADMISSION for pneumonia to her lung! I have pictures of the mold and where they OPENED UP A WALL and we had to stay in the unit for 2 more weeks before they found another unit to move us to. Is there anyone in Charlotte, NC that can help?
Ana Y. Donate September 18, 2014 - 8:08 pm
Hi I live in a townhouse which the townhouse attach is contaminated with black mold. Can I get mold in my unit through the attac walls. I have sarcoidosis and retired in disability do to mold in the building that I used to work. I have water leaks in my unit and when the walls were open to fix the walls and it was black mold inside the walls. They fixed the area where the outside wall was damaged. It is possible the the whole wall was full of mold? Thet claim no. The condominium assoc. is trying to cover everything because my next door neighbor which is the unit attach to mine have a law Sui for one million because the owner got sick due to the mold. They moved ot 2 years ago . The unit is empty. Please respond. Iam going back to my doctors. My de seas I has been in remission for 2 years, but I have been getting rashes, fatigue and sometimes congested. Please help me.
tiffany Black October 5, 2014 - 4:07 am
I have been employed by Kroger in its fuel center kiosk since May 15th, 2011. In January of 2014 we (the employees) noticed a water leak in our small building. My supervisor said she would report it to the Kroger maintenance hub. I assumed she did because she confirmed that she did. However, every time it rained water would cover our fuel center floor. I then went to the Co-manager that is dedicated to the fuel center and began to question her as to what would be done about the leak. I informed her that if the leak is not fixed before the warm months come then we will have mold and mildew. She continued to tell me "We are working on it.". So, late April/early May all of us employees began to itch real bad and start to have pimples and rashes. Then Air Conditioner kept going out, and when they removed the thermostat from the wall it was full of water. This happened 8 times leaving us in that small unventilated box in temperatures of 96 degrees and higher. Then our phone went out 2 or 3 times, and when the jack was removed from the wall it was also full of water each time. Then our computer box which is also mounted on the wall stopped working and shut the entire fuel center down for a day. The box costs thousands of dollars to replace but it was replaced and a sealant was put around it before it was mounted again. So, late May we all have pimples and rashes and we itch real bad when we are in the box. Even the people that come to give us breaks have rashes. And a damp smell of mildew has occurred. I continue to complain to management and ask what will be done only to receive the same response. Then June comes and it is Super hot. The rashes have gotten worst and the smell has as well. It smells lil onions, garlic, and poop in that small box. I complained and complained to management and I began to have headaches and my hair was falling out and my skin was crawling and itching profusely. I thought I had scabies. I began buying oils from the health food store and researching my symptoms and questioning my coworkers if they felt the same. At the same time there was an outbreak of bugs coming out of the walls. There were large roaches, spiders, beetles, water bugs, etc coming out of the walls with the water. At that point I demanded that management have the box tested for Mold. The store manager said he would have it tested but did nothing at first. I continued to stay on him and he sent a commercial mold testing company out to test finally in mid July. I repeatedly asked the manager for the results and he continued to tell me he had not heard from the lab concerning the findings. August came around and I was still asking and never giving up. He was just as consistent with his lies. Then, mid August my coworker called me and asked if I could come work her shift because customers had complained on her and said they did not want to accept money from her or give her their debit or credit cards because she had red hives all over her and her face was swollen. She said Kroger needs to do something about this mold or I will have to quit. So, I called the store and spoke with customer service. They confirmed that customers complained and why they complained. I called the corporate office and told them what happened and that I was afraid to work behind her. I was told I would have to discuss this matter with the store manager. So, I went there and spoke to him he told me that the girl had something in her bloodstream that was not contagious and it wasn't that bad. I went to the box and the girl started telling me she didn't know what it was and that it just happened since she got to work. I got scared and left out. She came out with me I told her the manager said it was in his bloodstream and it wasn't contagious. She said I dont know what this is but it happened here. I said well Im gone because he lied to me and corporate would not help me. I went to work the next day and went to the managers office and he suspended me and told me I have to do what he says and he don't care what she says and he is gona see to it that HR terminates me. So I went to HR on Rigdelake Blvd. and explained the situation. I was given a copy of the mold report. There was Penecillium mold, Aspergillus mold, Ascospores mold, Alternaria mold, Fusarium mold, and Cladosporium mold found in that little unventilated box as well as our two bathrooms. We have the highest levels of Cladospirium mold and it is a mold that feeds on kerosene, diesel, and petroleum. It is also called the "Kerosene Fungus". This mold loves to live in fuel tanks, and has been the proven cause of many engine failures and plane crashes! (It is all on the net. You can check it out for yourself) The manager never planned to tell us because the report is dated 7-25-14. And, it is August but he was saying he did not have it. It was confirmed by corporate that he did have it. So, myself and the union rep met with him and he told us there is no mold out there and the building is safe. We put the report in his face and he said he had it but he never read it. Then he said he would clean it up and he would shut it down. It is now October and we are getting sicker and sicker and Kroger has done nothing. Myself and my supervisor have tumors on our uterus all of a sudden and have been advised to have hysterectomies, I have gone to the ER several times for Headaches and chest pain. All of my hair has fallen out and we all have skin rashes and boils. Kroger has not even put an air purifier out there in the box. And, we do not get insurance if we work in the fuel center. Whether a person works full time or part time inside the store they can have medical insurance but if you work in the fuel center you can not have Kroger medical insurance. They have done nothing. The Fusarium mold produces a toxin called Zearalenone which targets the female reproductive organs and likes to live in the female reproductive organs of humans as well as animals and cause tumors... Go figure. Aspergillus mold produces toxins that are carcinogens and can cause cancer and Kroger is leaving us in the box inhaling that stuff daily. Someone inside the store contacted the health department and I filed a complaint with OSHA. NO ONE IS HELPING US. I CONTACTED CHANNEL 3,5,13,24,& 30 and no one would take my story because Kroger sponsors them. This is beyond unfair, inhuman, and negligent. I need help. Can u help me in any way?
BrianReeves October 5, 2014 - 6:07 pm
Something definitely needs to be done. That is not a healthy working environment. You were right to bring it to their attention. This article may be helpful https://moldblogger.com/toxic-mold-litigation-who-is-legally-responsible-and-do-i-have-a-case/. Also, you are welcome to copy your story to our stories page (https://moldblogger.com/share-your-story/), where we can direct more people to read and offer advice on your situation.
Buddy Dowlen December 13, 2014 - 5:40 pm
Yes this has been over 13 years ago but we were renting a house from church my wife worked it. Again we paid rent for 5or 6 months. After about 3 months my youngest son (13) started having seizures then month later my oldest son (22) started having seizures. My wife got sick (non cancerous) tumor on her pituitary gland and I started having migranes and asthma and sinus problems. Both my sons still have seizures 13 years later and cannot work. My wife got well but had menopause that year like 10 to 15 years early. I still have migranes and bad asthma and sinus problems. They found black mold under the house, it was covered up on the end of the house where boys stayed before we moved out. It was due to duck work from new unit put in year before we stayed there that had come loose and caused the mold issue . Is it too late to go back on insurance company and HVAC company. Mot for me but for my sons.. There lives have been ruined because of this damage caused by the mold that caused the seizures. Please let me know, thanks
Janice Male December 20, 2014 - 6:43 pm
We rented a house for 14 yrs. that was infested with mould…my husband passed away from cancer…i had Northwest Environmental go in there and do all the testing…i have been blood tested and mould was found... I can not seem to find a doctor that will actually believe this is not all in my mind…i have been very sick and so has my daughter who was 1yr. old when we moved in…we have been out of the home for2 yrs. now and we are not getting any better…we were allergy tested also (skin) and mould came up…we were treated with inhalers by the allergy specialist…i do have a lawyer right now who really wants a doctor's report…the doctor i had agreed we were in a bad environment and mould showed up in the blood but refuses to do any further testing such as CT scan or lung biopsy…i feel sick and tired and betrayed by the medical system…also have 14 yrs. of doctor's visits with the same complaints…chest pains and respiratory problems
Janice Male December 20, 2014 - 6:48 pm
This is Janice Male again…wanted to add that we were also exposed to asbestos and that was most concentrated in the garage where my husband had his office set up…thank you so much...
phil johnson December 28, 2014 - 5:21 pm
I have 1 of the greatest law suits with pics you will ever need . already tested postitive for candidia high levels waiting for mytoxin test which the dr. has already assured me I will test positive , my wife is writing this , I have lawyers but I feel like they wonted Christmas and holidays more than this case , I cannot walk hardly anymore cant see, keep sore throat , dr says I developed lupas, ect... need a lawyer who is experienced in winning , I even have letters from my bose this happen at work , if you can help let me know phil johnson
sharon June 24, 2015 - 12:22 pm
I just moved into an apartment April 18, 2015. I notice a fucky smell after a couple of weeks; I thought since the apartment was not cleaned thoroughly, that I need to clean it with Clorox. I did clean each room thoroughly. But the smell got worse and I found mold in the master bedroom June 6 and I reported it on June 7. One of the ladies working in the office came to the rental apartment I am staying in to see if it was really mold. She came over with a bottle of Clorox mixed with water. She sprayed Clorox mixed on cabinet and found there was black mold. She also proceeded to clean mold and stated our living condition should be okay. I looked at her and told her she should have a mask and gloves on. But she stated the Clorox will kills the aspergillus. After she felt she had cleaned the black mold up she left. I called around the office to asked her if apartment will accommodate me and my son if we stayed at a hotel until Monday. That is when the maintenance man was scheduled to come. She indicated the corporate office was closed and they will not accommodate us or reimburse up if we stay in a hotel because of the mold, due not my fault. She proceed to tell me to put a towel under the door to keep the fumes from coming out of the bedroom. I did not say anything because I know that black mold is a silent killer. I stayed in the apartment over w/e and the maintenance man came around 0800ish with a Clorox and water mixture to clean up black mold. He told me that, the Clorox and water mixture should kill the mold and the smell. He proceed to clean the outside and inside of the cabinet with the Clorox mixture. But after he left I proceed around to the front office to ask how were they going to proceed with cleaning up the mold. I need some assistance, this has been going on until June 24, 2015.
Bobbie martineau April 28, 2016 - 3:54 am
I worked in a building that had mold and I became very ill from it. I was told that I couldn't sue my employer for toxic mold exposure because they didn't own the building. can i sue the the owner of the building for toxic mold exposure.I was hospitalized 3 times in 6 months and constantly had shortness of breath headaches and asthma. There is a leak in the ceiling about 10 feet from my desk it had been leaking for at least 2 years. I told my supervisor about how I thought the mold was affecting my breathing, she laughed at me and said that if that was the case and everybody would be sick. When I told my director that the doctor told me I was highly allergic to mold and I know that the reason I have been short of breath and sick all this time was because of the ceiling and the mold from the leak is the reason. I mentioned this to her on FridayAugust 8th and the following Monday I was fired. They used my absences from my sickness to fire me. I already have a lawyer for wrongful termination. I was just wondering if I could sue the landlord of the building. I thought they had to have an inspection every year.
Buddy Dowlen June 6, 2016 - 5:37 pm
How far back would we be able to go back on a black mold issue? Short story, 15 years ago when we were building our house we live in now we rented a house from the church my wife worked it. We stayed there 5 months, in about month 4 my youngest son now 29 started having seizures. About month later my oldest son now 39 started having seizures. The end of the house were they stayed the duck work had come loose from were they had worked on or replaced the unit. Over half of the house was covered underneath in black mold. Wife and I both got sick from different things and still have effects but nothing like what we have had to endure with our sons. One is on permanent disability and youngest has not worked in last 3 years because of really bad seizures. I was told once before it was too late to do anything. I would think that they now know what black mold will do to you looks like we need and deserve compensation from the insurance company and the HVAC company. Can anyone out there help us?
Jawan October 2, 2016 - 12:10 pm
I was recently diagnosed with Sarcoidosis and had my landlord do a mold test. He just told me this past Monday that in fact there is mold in my house. I have had leaks every time it rains for 5yrs and the bathtub was leaking water down into the kitchen which he just patched over. I told him 3 years ago I could smell mold but he told me he couldn't find any and gave me a dehumidifier. I need legal help because he is totally liable for this. I'm a licensed P&C insurance agent by the way. Please help.
Felicia Nichols February 2, 2017 - 3:40 pm
I currently reside in an apartment with four children. May of 2016, I discovered mold throughout my cold, drafty bedroom. Most of my items in the room needed to be discarded and we were displaced for almost three weeks while they fixed the problem. Unfortunately, last week I discovered mold in my bedroom and on my personal property again. At this point, I am desperately seeking resources, so any useful leads would be helpful.
Joshua Goodwin March 22, 2023 - 3:23 pm
I agree something needed to be done! Glad you brought this to light. Definitely can be a silent killer!
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