If you have suffered an illness, property damage, or other losses because of toxic mold infestation, you have a right to take legal action to obtain monetary damages. That’s where Thompson Injury Law comes in. We regularly represent victims of toxic mold exposure and other environmental hazards in San Diego and throughout California.
When you meet with us, we will learn about your circumstances, identify the parties who may be liable for the mold infestation, and determine the best course of action. You can depend on our experienced toxic mold injury attorney to get you the maximum compensation you deserve. Contact our office today for a free consultation.
What Is Considered Toxic Mold in San Diego?
Mold and mold spores commonly grow within homes and buildings. There are various species of mold throughout San Diego, most of which pose no threat to people. However, toxic molds, such as Stachybotrys or “black mold,” are dangerous and can cause severe health problems. Symptoms of toxic mold exposure include:
- Cold and flu-like symptoms
- Bloody noses
- Skin rashes
- Lung damage
- Chest and joint pain
- Liver disorders
If you or a loved one is experiencing these symptoms for unknown reasons, seek medical attention as soon as possible. Then have your home or building tested for toxic mold.
How To Check For Mold In Your Home or Building in San Diego
Mold needs moisture to grow and spread and can come from defective construction, maintenance, and repairs, such as:
- Plumbing leaks
- Roof leaks
- Door or window leaks
- Grading or drainage problems
- Flood damage
Mold commonly grows in moist, warm areas, such as damp basements, closets, bathrooms, wood, ceiling tile, walls, and flooring, and can develop quickly on water-damaged material. There are two main ways to test for mold in a building or home – air testing and bulk testing:
- Air testing involves taking air samples through an air pump and a petri dish and sending them to a lab to be analyzed. If mold grows on the petri dish, mold is likely to be present in your home or building.
- Bulk testing involves tests such as sending mold-laden drywall in a sealed container to a laboratory and tape-lift sampling.
Testing for mold is only half the battle; determining who is responsible for the hazard takes the skills of an experienced toxic mold attorney.
Representing Victims of Toxic Mold Exposure In San Diego
Determining who is responsible for toxic mold exposure depends on whether you own or rent the home or building or whether it occurred in a workplace or school.
Toxic Mold in a Building You Own
If the mold infestation is in your home, apartment, condominium, or another building that you own, several parties may be liable. However, the first step is to review your homeowner’s insurance policy to determine whether it covers your type of mold infestation:
- Perils covered – Certain perils, such as fire or a roof leak, are typically covered. If the cause of your mold infestation is a covered peril (e.g. a roof leak), then the insurance company will be obligated to cover the cost of mold remediation.
- Exclusions – Homeowners’ policies also have a list of exclusions, such as mold infestations that develop over time.
Insurance companies must act in good faith and honor the terms of your homeowner’s policy. If the insurer fails to cover the costs of remediation, our toxic mold attorneys are well-prepared to file a lawsuit to help you recover damages.
Mold Infestation Not Caused By A Covered Peril
Our toxic mold attorney will work to identify and hold accountable other parties, such as the:
- Builder or contractor – You may have a breach of warranty claim against the builder, general contractor, or subcontractors if the mold infestation resulted from shoddy construction or materials or a failure to install proper ventilation.
- Architect or Engineer – The architect or engineer may be negligent if the mold infestation was due to poor architecture or engineering, such as a failure to include proper ventilation in the home design.
- Construction supplier – If we can prove that the mold infestation originated in moldy construction materials such as siding or drywall, we can help you file a claim against the commercial supplier of the material.
- Prior owner – The seller of a home in California must disclose any known defects, such as the presence of a mold infestation. An owner who knew the mold was present but did not tell you when you bought your home may be held liable.
- Condominium association – The condo association may be held responsible for the mold infestation caused by leaking water pipes between the walls or if it occurs in a common area.
Renting a Mold Infested Apartment or Home in San Diego
Landlords are subject to the legal doctrine of “implied warranty of habitability,” which makes them responsible for keeping the rental property free of health hazards such as mold infestation. Our California toxic mold attorney has the skills and experience to hold your landlord accountable if you have suffered an illness or property damage from mold.
Mold at Your Workplace
If mold infestation at work has caused health problems, you may be able to file a workers’ compensation claim to obtain benefits such as partial wage replacement and medical expenses. However, your employer or the building landlord may be liable for damages if they did not maintain the premises in a safe and habitable condition.
Mold at Your Child’s School
We can help you pursue a legal claim against the owner, operator, or a government agency (if it is a public school) if mold infestation at a school or daycare center has caused your child to develop health problems (e.g. asthma, skin rashes),
Contact Our Experienced San Diego Toxic Mold Environmental Trial Lawyer
If you or a loved one suffered an illness from toxic mold exposure, trust us to identify the responsible party, hold them accountable, and help you recover damages such as:
- Lost income – present and future
- Alterations to your home to make it accessible
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
- Loss of consortium
We have an impressive track record of successful outcomes in toxic mold claims and will work to protect your health and safety. Contact our office today for a free consultation.