Toxic Mould Protocol
Legal Liability for Mould Contamination
Whether you are a tenant or a landlord, a new home buyer or a home builder, a real estate agency client or a realtor, borrower or lender, an insured party or an insurance company, if mould contamination should be discovered in a property (residential or commercial) in which you are or were involved, there are a large number of powerful causes of action (lawsuits) available to a plaintiff. These include but are not limited to:
The above are the grounds for mould contamination lawsuits.
Tenant - Toxic Mould Protocol
Management should immediately call for professional testing. Make sure you document everything. Take pictures and/or videos (helpful hint: have a copy of the newspaper in the shot to document the date). Document all areas of concern. Check all Mould "hot spots" such as under sinks, inside vents, windows and behind appliances etc.
Once management has had an opportunity to verify the results from their experts they should:
There is a very important issue that requires legal testing when evaluating landlord/tenant issues that pertain to environmental fungi contamination. If a tenant is forced to move subject to a "30-day Notice to Terminate" his/her month-to-month lease so that the landlord can begin the difficult remediation process, often the tenant leaves with furniture that is most likely highly contaminated with multiple fungi species. This is an extremely dangerous cross-contamination EPA problem. Likewise, if the landlord elects to properly destroy certain contaminated furniture and belongings of the tenant; reimbursing him/her for his/her property loss electing to clean and return to the tenant those items which are considered cleanable, then another "catch-22" problem exists.If Management is Unresponsive
Call an attorney. Make sure you get a firm that is experienced in Toxic Tort. Toxic Tort cases are normally very expensive and drawn out. Air Detectives works with many PROACTIVE groups that include mycologists, microbiologists, industrial hygienists, neurophysiologists, immunologists, toxicologists, legal professionals and media experts
If an Attorney is Hired
The selected attorney should order a new round of bulk/air testing. These should be conducted inside and outside at different times of the day. If this test comes back positive then he should order antibody testing. This type of test will show the levels of fungi in your system. If the antibody test results are positive the attorney should arrange for you to see a specialist(s) in the area(s) where you're having medical problems.