The rise in mold litigation has led to large monetary awards in Texas and California due to property damage and health effects. The main factors driving this trend are the science behind mold and its effects on health, media coverage, and insurance company practices. Some believe that mold litigation could become the next big legal trend like asbestos or lead cases, but others think it will not due to fundamental differences. The effects of mold on human health are still debated among experts. The Centers for Disease Control testified that there are thousands of types of fungi, but only a few cause infections in people. There are over 1,000 types of mold found in homes in the U.S., and they can easily spread through the air. Mold spores can survive in harsh conditions and have been found in ancient tombs. Mold needs moisture, warmth, and a food source to grow, which is why there are many mold-related property damage claims in Texas, Florida, and California. The CDC has found that mold can cause infections in people with weakened immune systems, and can be a common cause of hospital-acquired infections. Mold can also produce toxins that can cause cancer when ingested. The CDC also says that there is evidence linking mold exposure to respiratory illnesses, such as asthma. This is especially common in workplaces where there is mold and water damage. The CDC is still doing research in these areas. There are no government-established standards for how much mold exposure is unsafe. California tried to set some standards in 2001, but they still haven’t been established. It’s really hard to set standards because there are many different types of mold with varying levels of toxicity, and mold levels can vary from one area to another. So, there are no set rules for how to investigate mold, but there are some ways that investigators can follow to make sure their investigation is reasonable. Scientists do not have enough evidence to prove that mold causes serious health problems like memory loss or cancer when you breathe it in. The CDC also says they don’t know if more people are getting sick from mold. Scientists are still studying the connection between mold and human illness. Some think that our houses and buildings trap bad air, and that might be making us sick. Others think that the increase in mold-related sickness is because people are paying more attention to it because of news and social media. The news often covers stories about people getting sick from mold and winning big money in court. However, the news doesn’t always give all the details about why they won or how common it really is to get sick from mold. A big article in the New York Times told the story of a woman who got sick from mold and warned readers that just reading about it might make them sick too. This kind of story can make people worry that they’re getting sick from mold, even if they’re not. So, it’s important to know the facts about mold and not just believe everything you hear in the news. The media has brought attention to mold exposure and potential liability claims. Since there isn’t much scientific evidence of harm from mold exposure, people are now making bad faith claims against insurance companies. This means they’re accusing the companies of not acting in good faith and dealing fairly with them. This has led to more and more mold exposure cases turning into bad faith claims. For example, Ballard sued Fire Insurance Exchange for not replacing a floor in their house, which had mold from a leak. Fire Insurance refused to replace the floor, leading to a bad faith claim. The Ballards had a leak that caused mold to grow in their house, making them sick. Their insurance company didn’t do a good job investigating and the mold got out of control. The house had to be torn down, and the Ballards sued the insurance company. They won $32 million, but not for their health problems. In some cases, families had to leave their homes because of mold worries, but it’s hard to investigate and clean it up because there are no set rules for exposure and cleanup. This can lead to lawsuits claiming that the insurance company didn’t act in good faith. It can also be really expensive to prove that mold exposure made someone sick, and insurance companies have to deal with all of this too. If they don’t take care of their customers’ concerns properly, they could get sued for not acting in good faith. Mold should not be the next big lawsuit like asbestos or lead because there’s not as much scientific evidence about its health effects, there’s no clear company or industry to blame, and mold is everywhere and can cause common symptoms. Also, the law has influenced how the cases have developed, and that’s similar to breast implant lawsuits. In the early 1990s, there was a lot of controversy over whether breast implants were linked to health problems. Even though there wasn’t much scientific evidence to support the claims, a group of lawyers managed to win a huge settlement for women with breast implants. They used expert testimony and public fear of getting sick to make their case. Similarly, as more people become aware of the dangers of mold, there will likely be more lawsuits in the future. This will depend on how insurance companies, governments, and lawyers handle the scientific issues related to mold exposure claims. Currently, the big battles in the mold lawsuits are about whether insurance policies cover mold contamination and if new policies include exclusions for mold and fungi. These battles will probably change as insurance companies and governments make changes, but the lawsuits will still continue. There is a small chance that government regulation and research on mold-related illnesses could decrease public fear and jury awards, but it’s unlikely to happen anytime soon. The information comes from various sources, including the Institute of Medicine and the State of California’s Department of Health Services. Some experts believe that it would take over 140 samples in a standard size room to accurately measure mold. There have been cases of mold hysteria in the media, and some celebrities have even filed lawsuits related to mold contamination. Insurance coverage disputes over mold are also ongoing, with some insurance carriers working to limit coverage. Dominick J. Graziano is a lawyer in Tampa who specializes in environmental and toxic tort cases. He has been practicing law for almost 20 years and is licensed to practice in Florida, Ohio, and Texas.
Martha M. Collins is also a lawyer at the same firm, focusing on environmental and land use law. She is involved in the Public Interest Section of The Florida Bar Environmental and Land Use Law Section.
This information is provided by the Environmental and Land Use Law Section, for which Maribel N. Nicholson-Choice is the chair and Robert Manning is the editor.
Source: https://www.floridabar.org/the-florida-bar-journal/proliferating-mold-litigation-why-mold-is-not-the-next-asbestos/
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