Toxic Mold Infestation

Apr 16, 2015 by

Toxic mold is one of the rising health hazards that people in America is facing today. With the number of diseases or illnesses that it mold spore inhalation can lead to, those who have fallen victim to mold infestation are looking for someone who should be held liable for failing to ensure the safety of the property. In determining the possibility of a lawsuit, the first thing you should look into is to see who is liable for the for the mold infestation. Liability may depend on whether the mold infestation occurs in a property that you own, rent, or is a public area.

If the infestation occurred in a place that you own, you have a number of parties that can be held liable. If your homeowner’s insurance does not cover for mold infestation, you can check whether the builder or contractor was negligent in ensuring the safety of the building or property. The engineer or architect can also be responsible if their design was flawed and gave way to the infestation. Other parties that can be liable are the construction supplier, property inspector, realtor, prior property owner, or the condominium association. You and your Tennessee personal injury lawyer should be able to prove in court that these parties was negligent in keeping the property safe from mold infestation.

If your place of work is the one who gave you health complications due to mold infestation, you have the right to file for worker’s compensation. Depending on your specific case, your worker’s compensation will help cover for your damages or prevent you from filing for a personal injury claim against your employer. If the liable party is a public agency, you may have to first enter an administrative claim in order to go to court. Getting the help and guidance of a lawyer could be highly beneficial, especially if you are not sure of the size and severity of your claim. There are states in the US that have their own laws regarding mold infestations. Because the classifications and explanations of the risks of mold infestations can differ, it is extremely important to research about the laws of your state.

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