Mold Cases

In Florida, or anywhere else, the presence of toxic mold can be very harmful to those occupying a home or apartment if they are exposed to the mold. Oftentimes, the growth of toxic mold can be the result of water intrusion into the home due to construction or design defects, or some other unforeseen condition, such as burst water pipes or damage caused by a storm. The moisture can cause the growth of toxic mold, which can be harmful to inhabitants of that premises.

Mold can cause a number of adverse effects on residents of the premises, including, but certainly not limited to:

  • Nasal congestion and irritation
  • Eye irritation, or wheezing
  • Coughing
  • Breathing Impediment
  • Headaches & Fevers
  • Memory Loss

We often see mold-related injuries or illnesses manifest in the case of rental properties, where the landlord, or perhaps, the property management company, does not take steps to either prevent mold or, if present, to abate the problem. The members of the law office of The Law Office of Sean Clayton, P.A. are well-versed in the handling of mold-related cases in Florida. We urge you to call for an initial consultation, as there is no charge for your initial visit to our offices.

Although the insurance company to whom you would look to cover such a loss may try to avoid paying benefits for this type of injury, we take that position that your homeowner's insurance company, or renters' insurance company, if you are a renter, should be responsible to cover the clean-up of physical damage to the premises, as well as any resulting mold problems. It may also be necessary to seek damages for personal injuries resulting from mold exposure related illnesses or aggravation of an existing illness.  While some homeowners' insurance policies attempt to exclude coverage for mold, most policies actually do.   If mold growth results from a covered loss, your insurance company should be responsible for remediation. If your insurance company ignores your claim or delays processing your claim causing additional damage, in some jurisdictions your insurance company will be liable for additional damages under the law of "bad faith."

Plaintiffs in mold litigation have alleged that molds cause a variety of different illnesses and adverse health effects: from the more mundane and generic headaches, nausea, fatigue, asthma, hay fever-like symptoms (runny nose and scratchy throat) and respiratory problems, to exotic disorders with accompanying acronyms, such as sick building syndrome (SBS), fibromyalgia (FM), chronic fatigue syndrome (CFS), reactive airway dysfunction syndrome (RADS), toxic encephalopathy (TE), and multiple chemical sensitivity (MCS). It is important to note that although it is generally accepted in the scientific community that certain mold species can cause allergic reactions in individuals such as coughing, sneezing and breathing problems, there is a lack of scientific consensus regarding (1) whether mold can cause permanent and severe illnesses, and (2) what level of mold exposure may cause such illnesses (or conversely, what is a permissible exposure level (PEL) to indoor mold). We, at the law office of The Law Office of Sean Clayton, P.A. possess the knowledge, training, and experience to best serve you in the evaluation and, if warranted, the pursuit of your mold litigation case.

If you have a problem, or if you suspect that you have been injured by a mold problem in your workplace or residence in Florida, please do not hesitate to contact the law office of The Law Office of Sean Clayton, P.A., at (954) 951-3351 for your free office consultation.