Defending Your Custody Agreement: Protecting Your Education Choices

Legal Claims For Toxic Mold

17 December 2019 by Daryl Young

If you have been exposed to toxic mold in a building, you may be entitled to compensation from the liable party. Below are some of the legal principles you can use to seek toxic mold damages.

Breach of Warranty

Most jurisdictions have laws that require builders or contractors to guarantee their constructions for certain periods. The guarantee may be direct, meaning that it is expressly stated in the purchase contract, or it may be implied, meaning a reasonable person would assume the warranty is in place.

The warranty is meant to protect consumers from unscrupulous builders who would sell defective constructions. Thus, if you recently bought a new construction only to discover toxic mold growth, you can use a breach of warranty to claim damages from the builder.

Negligence

Negligence laws apply when someone fails to exercise reasonable care in ensuring that a property is safe for occupation or use. The person responsible is not necessarily the builder; they can also be the general contractor, a subcontractor, or even the supplier of the building materials. An example is if a plumbing subcontractor makes a mistake that leads to water leaks and eventual mold contamination. You can use the plumber's negligence to sue them for damages.

Failure to Disclose        

When buying a home, there are certain risks or defects that the seller should disclose to the buyer. In most cases, defects that create a danger to the potential homeowners should be disclosed. Toxic mold definitely creates danger for you or your family, and the seller should disclose such defects on their property. Otherwise, you can use failure to disclose to seek damages from the seller.

Fraud

A claim based on fraud arises when a home seller or builder intentionally lies to you about an infestation on their property. This occurs if the seller or builder knows about the infestation, but lies about the existence of mold when you ask them about it. You will need to prove the builder's actual knowledge of mold infestation to succeed with a claim based on fraud.

OSHA Claim

Lastly, toxic mold exposure can also give rise to OSHA (Occupational Safety and Health Administration) claims. OSHA expects every employer to provide a safe working place for their employees. Working in a place infested with toxic mold is not safe. Thus, you can file an OSHA claim against the builder or contractor if you are their employee. An example is if your employer buys a property infested with toxic mold and expects you to use it as your work station.

For more information, contact a real estate attorney service like Souders Law Group.

Share

Search