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Serious health conditions in humans, from toxic molds, have been referred to
for hundreds of years. In the last ten years, there have been many reports of
toxic molds causing serious, and even fatal, consequences for infants and
sensitized individuals. Symptoms may include respiratory problems, skin
rashes, headaches, lung disease, cognitive memory loss and brain damage. These
symptoms, however, may also be caused by other factors.
Long and short-term effects of toxic mold are just now being documented by the
scientific community. People with allergies may be more sensitive to these
molds. People with immune suppression or underlying lung disease are more
susceptible to fungal infections.
Toxic mold: Aspergillus, Cladisporium, Penicillium, Stachybotrys and
Trichoderma. These are names that many of us can't even pronounce, much
less identify in our surroundings. Mold spores and mycotoxins are airborne and
so small that they can't be seen by the naked eye. Hundreds of thousands of them
can fit onto a single postage stamp. Your home or workplace could be compromised
by these molds without your knowing it. Molds that may contain mycotoxins should
be considered the same as other common molds, which can grow in your house.
The most common cause of mold growth is moisture. Molds can grow on wood,
paper, carpet, and foods. Anything producing moist conditions in a dark area
will promote mold growth.
Protect yourself and your family.
- Get help for unexplained illnesses such as respiratory irritation or a
rash which seems to get better when you leave your home and go outside.
- Get your home tested.
- Eliminate areas of seepage or leaks immediately.
- Find and an attorney in your state who knows toxic tort law.
In Texas HOBB has recently sponsored a New Home Lemon Law. Lemon laws for
homes are also being debated in Massachusetts and Illinois.
If you are having your home built, you should have your attorney check your
contract for a binding arbitration clause. These clauses deny your
constitutional right to a civil trial by jury if you later sue the builder for
any defects in the home. They also deny your constitutional right to small
claims court in matters pertaining to defects in your new home. VA/FHA Loans do
not have binding arbitration clauses for this reason.
Does your landlord address leaks and mold problems in your apartment in a timely
manner? Your lawyer will know the landlord tenant laws that apply to this
legal problem.
Does your insurance company address your claims responsibly and in a timely
manner? Your attorney, in correspondence with your insurance company
regarding your claim, will use verbiage found in your insurance policy, state
law and regulations, and will be consistent with current court decisions.
A civil wrong, or a tort, is recognized by law as grounds for a lawsuit.
Sometimes these wrongs are considered crimes and are punishable by imprisonment,
but the primary aim of tort law is to provide relief through compensation to the
injured parties for the damages incurred. Among the types of recoverable
damages are: loss of earning capacity, pain and suffering, and reasonable
medical expenses. Damages usually include both present and future expected
losses. This means that a person, who has been injured due to a defect in a
product or a breach of an expressed or implied warranty, may be able to bring a
lawsuit against the manufacturer, builder, or seller, or any appropriate person
between.
Torts occur through unreasonable negligence, malicious intention or strict
liability. Tort law is state law created through state courts and
generally uses the Restatement of Torts (2nd) as an influential guide.
Toxic Mold Helpful Links
American
Academy of Pediatrics, Committee on Environmental Health
Policy
Statement : Toxic Effects of Indoor Molds (RE9736)
American Lung
Association Health House Project
Mold
Control: Tips for Identifying and Eliminating Household Mold
American National Standards Institute (ANSI)
American
Phytopathological Society
Stachybotrys
chartarum: The Toxic Indoor Mold
Centers for
Disease Control and Prevention (CDC), Nat’l Center for Environmental Health
Questions
and Answers on Stachybotrys chartarum and other molds (March 9, 2000)
California
Department of Health Services
Mold
in My Home: What Do I Do? (html) OR
 (pdf)
¿Moho
en Mi Casa: Que Hago? (html)
Stachybotrys
chartarum (atra): A mold that may be found
in water-damaged homes
Current
Topics: Mold
Links
to more resources on mold
Consumer Information Center
Consumer Product Safety Commission
Repairing
Your Flooded Home
General
Clinical Research Center Cleveland Area
Stachybotris
& Pulmonary Hemosiderosis in Infants (info on health effects
and clean up procedures)
Health
Canada
Fungal
contamination in public buildings: A guide to recognition and management, 1995
It's
Your Health - Microbiological Contamination of Residential Indoor Air
Injury Statistics Query and
Reporting System
Kansas
State University
Controlling
Mold Growth in the Home
Kids
In Danger
National Toxicology Program
New Jersey
Department of Health, Public Employees Occupational Safety & Health Program
Indoor
Bioaerosols
New
York City Department of Health
Guidelines
on Assessment and Remediation of Fungi in Indoor Environments
Product Safety
Research - Standards and Specifications
The
Soap & Detergent Association
Clean
and Healthy Strategies for Today's Homes
Managing
Allergies and Asthma - A Consumer Cleaning Guide
Toxic Mold Related Websites
Toxic Tort
Mold Online
U.S. Consumer Gateway:
Product Safety
University
of Minnesota, Environmental Health & Safety
Managing
Water Infiltration Into Buildings
University
of Minnesota Fungal Glossary: Stachybotris
University of Montana Healthy Indoor Air for America's Homes Project
Indoor
Air Quality: Eliminate Molds, Excessive Moisture and Other Biological Pollutants
Vehicle Recall
Information from the Consumer Product Safety Commission
Product Liability Federal Statutes
Magnuson - Moss
Warranty Act (Consumer Product Warranties), 15 U.S.C. §§ 2301 et seq.
Product Liability Federal Judicial Decisions
U.S. Supreme Court: Recent
Products Liability Decisions
Product Liability State Statutes
Uniform Laws
State Statutes
State Judicial Decisions
Kraft & Associates
2777 Stemmons Freeway
Suite 1300
Dallas, Texas 75207
Dallas: (214) 999-9999
Fort Worth: (817) 999-9999
Toll Free: (800) 989-9999
FAX: (214) 637-2118
E-mail: info@kraftlaw.com
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