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Who Do You Sue When You Have Been Injured By Toxic Mold?

by Theresa Hoffman

Toxic mold is a classic example of an environmental concern that can cause injuries and trigger personal injury claims. It is just that, in some cases, the victim of toxic mold exposure doesn't know who should compensate them for their injuries. If you are in such a situation, here are some of the people who may be liable for your damages:


In some cases, the toxic mold infestation starts or occurs during the construction phase. For example, you may be dealing with mold exposure because the contractor failed to install a proper ventilation system, which made the building perpetually moist and encouraged mold growth. Another example is if the builder used materials that were already infected with mold, and they only multiplied after the construction of the building.

The Owner of the Property

If you are not the owner of the property in which you have been exposed to mold, then you should see if you can hold the owner liable. This may be the case if you are living in a rental apartment, in which case the landlord may be responsible for your toxic mold exposure if their lackluster maintenance of the building led to your exposure. If you bought the home from another party, then you may also hold the previous owner of the house liable for your injuries if you can prove that the mold infestation goes back to when they owned the house.

Building Inspector

If you are buying a house and you suspect mold infestation, you should have the house inspected to prove or disapprove your fears. Unfortunately, you may do that and buy the house believing that is free from mold while, in the real sense, the inspector wasn't thorough. If that happens, and you end up getting poisoned by the mold, you have the right to go after the property inspector for your damages.

Condo Association

Lastly, your condominium association may also be liable for your damages if you live in a condo. This may be the case if, as is usual with condos, the association is responsible for maintaining the building and ensuring it is safe for living. In this case, you can sue the condo association for their failure at keeping the property safe and habitable. 

Toxic mold claims tend to be difficult to prove due to the nature of the evidence and injuries they cause. It's not like a slip and fall injury case where you can point to accumulated snow as the cause of your fall. Therefore, this is one of the injury cases that are best handled by a personal injury attorney.