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How can toxic mold lead to construction litigation?

On Behalf of | Oct 19, 2018 | Construction Litigation, Firm News |

Construction problems are relatively common in Alabama and across the U.S. Some are benign and some are serious. Benign defects can usually be handled without the need to go to court or engage in an extended dispute. The more serious issues can lead to people becoming ill and even dying. One that is quite dangerous is toxic mold. People who are exposed to toxic mold might not be aware that they could have the right to file a lawsuit because of it.

Those who are accused of being responsible for a property that has toxic mold with people placed in danger of becoming sick could be confronted with a legal filing because of it. Both sides need to be cognizant about toxic mold and what to do if there is a complaint about it. Toxic mold lawsuits will depend on the individual circumstances.

Determining responsibility can be complex. The following could be responsible for toxic mold: the contractor or subcontractor who worked on any area of the property; the architects who designed it; structural engineers who oversaw it; the suppliers and manufacturers of items placed on or in the property; and people who owned the property previously.

The following costs could be part of a legal filing over toxic mold: medical expenses for treatment of toxic mold exposure; lost wages from not being able to work while getting treatment; repairing the structural problems; and cleaning up the toxic mold wherever it may be. When there is a legal filing because of toxic mold, there are many avenues in which a case can be filed including negligence, breach of warranty and failure to disclose.

For people who believe they were exposed to toxic mold and are facing sickness and the accompanying costs because of it, it is critical to have legal help to determine how best to move forward. For a contractor, a former owner, a manufacturer, a designer or anyone else who could be accused of having a role in toxic mold being present on a property, a legal defense is key to avoiding a costly judgment. Regardless of the side the person or company is on, having legal assistance from a law firm that specializes in construction litigation imperative.