There are many kinds of molds, each with their own qualities. Because of this, some mold can be very dangerous and cause serious health problems if left unchecked. This kind of mold is called Stachybotrys chartarum/atra , also known as “black mold.” The presence of black mold often suggests an underlying construction defect or some other problem caused by a third party, and thus often leads to litigation.
Black mold lawsuits are complicated due to their multiple causes and require several mecidal and scientific specialists. Part of the complexity is due to the myriad of potential causes of black mold in a building. Possible causes include construction defects, poor building design, faulty materials, or the previous owner’s failure to disclose issues they were aware of. Most toxic mold lawsuits against building owners and landlords are settled before trial, but those filed against homeowner’s insurance providers typically are resolved at trial.
Homeowners insurance companies sometimes are targeted with breach of contract suits for failing to cover toxic mold claims. If it’s a rental, the landlord may be held liable if it’s determined they knew or should have known about the problem. The most common theories of liability for toxic mold injuries include negligence, breach of warranty, and failure to disclose. Damages often include medical costs, related losses (such as time off work to recover from injury), and the cost of cleanup and structural restoration.