MOLD IS EVERYWHERE. Humid or dry,in cold or warm climate,
in Mississippi and Tennessee, Alaska or Arizona, New York or Los Angeles mold grows and causes property damage and exacerbates
or causes diseases. More and more people throughout the country are having mold related medical problems. Why now? Two main
reasons: One is we now spend about 93% of our time indoors and the second reason is that since the oil embargo in the early
70's, everything is built more efficient. This "sick building" syndrome is the leading cause of illness because of mold.
WHO
MIGHT NEED ASSISTANCE?
Homeowners
Commercial property owners
Tenants, both residential and commercial
POSSIBLE RECOVERABLE DAMAGES FOR:
Respiratory and immune system disease
Loss of business income
Loss of property
use
Property depreciation
Costs of mold abatement
Medical expenses
Pain and suffering
Emotional distress
Bad faith insurance investigations
Punitive damages
Especially troublesome have been damages caused by the installation
of "synthetic stucco"
A person's ability to recover damages is largely dependent on the mechanisms responsible for mold
contamination and the ability to obtain documentation of actual damages. The tenant, homeowner or business owner is therefore
presented with the burden of conclusively demonstrating the extent of contamination, causation and related damage and health
effects. Herein lies the need for detailed investigations involving attorneys, contamination specialists, engineers and physicians.
POSSIBLE RESPONSIBLE PARTIES:
Insurance companies
Building contractors
Heat and air designers and installers
Previous owners
Property managers
Landlords
Architects
Land Developers
Real estate agents
SAMPLE
CASES:
Ed McMahon v Insurance Co. for health problems; $20 million
Woman v building owner and manager; health problems;
$27m
Texas homeowner v 2 Insurance co's; settled $1.5 million
Martin County Florida-Courthouse v Contractor; $14 million
4 Tenants v Apt. complex; $1.1 million
New owners of house v sellers; settled $1.35 million
Texas Woman v Insurance
Co.; jury verdict $32 million
(These are sample cases and not indicative of any return for others. Damages and liablilities
differ greatly from case to case and no implied or overt gurantees are herein made)
IS THIS PROBLEM NEW?
No.
Mold is mentioned throughout history. It is mentioned in the Bible at Leviticus Chapter 14, and was used by the Spartans in
their war against Athens in 430 BC. We used mold mycotoxins in Laos, Cambodia, and Vietnam where it was called "yellow rain".
Saddam Hussein used it against the Iranians in the 1980's and put it in his scud missile warheads.
WHAT KIND OF WATER
DAMAGE CAN CAUSE MOLD GROWTH?
A pinhole leak from a pipe, condensation in the attic, a leaky roof, a faucet leaking
behind the wall in the bathroom, faulty air and heat systems or a flood. Anywhere there has been a water intrusion.
HOW
DO I KNOW IF I HAVE A MOLD PROBLEM?
There is mold everywhere.
If you can see or smell mold you have a problem. You can tell if you have the presence of mold, first, by visual and sensory
perception. You see its growth; black, green, yellow, or white. You can smell it; it has an earthy or musty smell. You
can look for previous or present water damage. There is often discoloration and leaching throught plaster. Mold loves
to grow on sheetrock; on the visible surface and behind it. Mold is also often found inside your heating and air systems.
Sometimes there is no visible presence of mold or fungi and just out of sight the growth is rampant.
WHAT DO I DO IF I FIND MOLD?
Mold growth is caused by an intrusion
of water. Merely wiping off mold or cleaning it from a surface doe not solve the problem. Once the water problem is
solved then a cleanup campaign should be begun. However, care must be exercised in any cleanup process so that the spores
do not cause injury. A simple fixable problem would be that if there is mold around a bathtub or shower and it comes
and goes, monitor closely the water source and humidity levels.
If you cannot find the mold, illness
persists, or the problem is too great to handle you must seek professional help. Mold cleanup or remediation can be very expensive.
You must discover whether you may obtain financial assistance in solving your mold problem. That is the time to call
us at The Environmental Advocates. We have specialists and inspectors, and other professionals available to help
solve the problem.
AT THE ENVIRONMENTAL ADVOCATES OUR STAFF
WILL HELP INSPECT THE MAGNITUDE OF THE PROBLEM, INVESTIGATE OTHER FINANCIAL RESOURCES TO ASSIST YOU AND DEVISE A PLAN
TO RID YOUR ENVIRONMENT OF MOLD OR OTHER HARMFUL FUNGI.
Action must be taken. Mold grows fast. According to
the Mississippi Board of Health and the U.S. Environmental Protection Agency mold can cause allergic reactions, asthma
episodes, infections and respiratory problems. Toxic mold may cause more serious physical illness, especially to children,
elderly and people with immune problems. Mold can cause structural damage to your home, apartment workplace or
investment property. Personal property may be saturated by mold and have to be discarded.
Mold and fungus growth are serious
problems that should be dealt with immediately. Presently, in early 2003, residential insurance companies are amending
their policies to evade liability for mold damage, apartment owners and other landlords are attempting to get tenants to amend
their leases to preclude this liability and commercial insurance companies are attempting to exclude mold coverage entirely
from their policies.
Your legal rights are being adversely affected without your consent
or knowledge. Notice periods are expiring and statutes of limitations are running. All of this is taking place today. If you
have a mold problem you should immediately seek assisstance.
For a free consultation call:
BOB CORNELIUS,
ATTORNEY
THE ENVIRONMENTAL ADVOCATES
P.
O. BOX 14032
JACKSON, MISSISSIPPI 39236
601-605-5902 or
1-877-715-5263 or
email questions
or comments to
bob@corneliuslawfirm.com
