Article
John P. Lapotaire, CIEC
By Stephanie Rabiner, Esq. at FindLaw.com
Mon Mar 12, 2012 6:35am EDT
Toxic mold lawsuits have historically been met with speculation. Much of this was the result of the science — differing opinions on causation and whether visible mold automatically implies the presence of toxins. Some even went so far as to claim mold litigation was based on “junk science and hysteria.”
However, a recent ruling from a New York appeals court suggests that prevailing opinions about mold science may have changed. At least when it comes to the courts.
Brenda Cornell had sued her ex-landlord for respiratory illnesses developed as the result of 6 long years of mold exposure. The trial court had dismissed her suit, relying on the appellate court’s 2008 ruling in Fraser v. 301-52 Townhouse Corp.
In Fraser, the court declined to accept scientific evidence connecting the plaintiff’s illness with mold. The plaintiff failed to prove that the scientific theory connecting mold and dampness to illness is generally accepted by the scientific community.
Cornell’s toxic mold lawsuit did not meet this roadblock. Fraser, the court wrote, does not preclude all such suits. The plaintiffs were able to prove that Cornell’s former apartment was above a mold-infested basement and that mold was growing under her floorboards. Medical experts testified and relied on a number of studies.
Those studies, wrote the court, were “statistically significant” and demonstrated “that exposure to mold caused the identified ill-health effects.” The court further concluded that “it is undisputed that exposure to toxic molds is capable of causing the types of ailments from which plaintiff suffers.”
This conclusion is an important one for plaintiffs bringing toxic mold lawsuits. It implies mold science may have finally reached a point where it helps, as opposed to hinders, litigation.
Related Resources:
-
Toxic Mold / Black Mold (FindLaw)
-
Get Legal Help with a Toxic Mold Case (FindLaw)
-
Can Toxic Mold Kill You? (FindLaw’s Common Law)
• John P. Lapotaire, CIEC• Certified Indoor Environmental Consultant• Microshield Environmental Services, LLC• www.Microshield-ES.com
Related articles
- Article
Less-Toxic Cleaners for Mold and Mildew
By Lynn Marie BowerIf mold or mildew becomes a problem in your bathroom, some less-toxic solutions are available for combating it other than the typical mildew-removal spray products sold in grocery stores. For example, hydrogen peroxide (H2O2) is one highly effective mold killer. (Note: This is the 3% dilution sold in pharmacies for use as an antiseptic.) To use this clear, odorless liquid, simply pour the hydrogen peroxide into a spray bottle and thoroughly spritz the affected areas: the bathr
- Article
Toxic schools: Could mold be the reason your child is sick?
By Denise-Marie Balona, Orlando SentinelSix-year-old Anthony Aliseo was miserable. He had headaches, pressure between his eyes, trouble breathing and, occasionally, suffered the indignity of vomiting in front of his classmates.Over two years, the youngster was in and out of the doctor’s office for constant sinus and respiratory infections. Cara Aliseo watched her son endure 70-plus allergy injections, two CAT scans and then two surgeries to drain his clogged sinuses.She could not figure out what
- Article
Toxic schools: Grand jury laid out mold problem
By Denise-Marie Balona, Orlando SentinelIn, A grand jury blasted the Broward County school system for taking too long to get rid of mold in classrooms and failing to repair leaky roofs and faulty air conditioners.The panel outlined its concerns in a 44-page report, strongly recommending changes the state of Florida needed to make to force school districts to improve indoor-air quality while underscoring that children were especially vulnerable to the potentially harmful effects of mold.Although
- Article
Toxic schools: Grand jury laid out mold problem; lawmakers didn’t act
In 2003, a grand jury blasted the Broward County school system for taking too long to get rid of mold in classrooms and failing to repair leaky roofs and faulty air conditioners.The panel outlined its concerns in a 44-page report, strongly recommending changes the state of Florida needed to make to force school districts to improve indoor-air quality while underscoring that children were especially vulnerable to the potentially harmful effects of mold.Although Broward schools have since spent mi
- Article
Toxic schools: Mold, air quality spark thousands of complaints in Central Florida
Mold clung to the ceiling and left dark trails across the walls and floor. The teacher had already complained about the stench months before.Stuff was even growing on desks.Classroom 103 at Walker Middle School in Orlando had become a breeding ground for mold. When an inspector investigated last year, he found the humidity at about 86 percent.And this was no isolated incident.Moldy classrooms and other indoor-air-quality issues have sparked thousands of complaints from teachers and students duri
- Article
Home Mold Inspection in Florida: Why It Matters
Wondering if you need a home mold inspection? A Florida CIEC explains common mold causes, warning signs, and what a proper inspection should include.
