Three deadly sins that can ruin a Mold Case
Copyright (c) 2008 Law Offices of Jonathan Cooper
Though I have seen numerous ads screaming "MOLD DESTROYS YOUR HOME AND YOUR HEALTH!" and that "exposure to toxic MOLD psychological causes depression, fatigue, MOULD AND PSORIASIS "LUNG DISEASE!" The current scientific literature does not support these claims wholesale. As a result, courts often have increasingly rejected mold claims that do not meet the strict testing criteria. In order to clarify the areas where mold claims are particularly vulnerable, I have compiled the following "Three Deadly Sins" list that should be consulted on the assessment of the strength – or weakness – of a claim of mold exposure.
Deadly Sin # 1 – Failing to get timely and appropriate Clinical Trial confirms a mold allergy
A 2006 peer reviewed article published by the Journal of Allergy and Clinical Immunology recommends that patients with suspected mold allergy should undergo skin or blood tests accepted for IgE antibodies against antigens mold, as part of a clinical evaluation of allergies to mold. The results in this article have been cited by other experts in relevant fields such as medical necessary to demonstrate an allergy to mold. Consequently, when a plaintiff allegedly was unable to support his claims that he suffered various neurological injuries secondary allergic and mold exposure to these test results to confirm their allergy to mold, a county judge in New York dismissed these claims without allowing them go before a jury for consideration.
Mortal sin # 2 – Failure to obtain timely and adequate environmental tests confirm the presence of lesions Inducing Molde
The scientific literature over the past years have consistently found that although exposure to certain fungi or molds, can cause disease in humans through allergy or hypersensitivity, direct infection with the organism, irritating or toxic effects of mold by-products, not all species of fungi have been correlated with these reactions. Therefore, simply showing images representing the visible mold growth is insufficient to demonstrate lesions mold; to a claim of mold exposure to survive, the applicant may need to show that certain species of fungi that have been scientifically linked to particular injuries alleged, were present in sufficient quantities for these lesions.
Mortal sin # 3 – failing to notify the owner or contractor about potential problems in the mold Home
One of the fundamental principles of civil liability system of the United States is that an owner can not be considered responsible for a dangerous condition on its property unless the claimant can prove that the owner knew or ought to have known that this defect, which existed during a period of time before the incident complained that allow employees of the owner to discover and remedy it. This is commonly known as "Notice" doctrine. In this regard, there have been cases in New York courts of appeal stating that even if the owner is tacitly aware of discoloration of the walls, and knows the damage of flood water above does not constitute "notice" of a risk of mold growth. In Accordingly, unless the owner is specifically notified of a mold condition, the claim may be subject to dismissal.
About the Author
Jonathan Cooper is an attorney in private practice in New York. He represents small businesses, property owners and individuals in New York’s trial and appellate courts. For more information on his firm, please visit http://www.jmcooperlaw.com
Is Mold Making You Sick?
|
|
IAQ Pro 5-Minute Home Mold Test (Aspergillus, Penicillium, Stachybotrys) $34.95 Concerned about black molds in your home or office and need immediate results? Why wait 48 hours for a culture dish to incubate? Why wait another 7 days or more for a lab to tell youu what’s on the culture dish and pay additional fees of $30 or more? The IAQ Pro 5-minute Home Mold Test provides rapid and sensitive identification of the most worrisome molds associated with water damage. Unlike othe… |
