Mold And Litigation
In the past few years there have been an
increasing number of settled and pending lawsuits involving mold
contamination in residential real estate.
The frequency of hidden mold growth in property claims relating to
mold/microbiological contamination has risen dramatically in recent
months in residential litigation. In fact, there are hundreds of
unsettled mold cases pending across the nation. A March 12, 2001 article
in the Sacramento Bee summed up the mold issue by saying, From
home builders
to residential real estate brokers, mold is causing
headaches and costing big bucks because of protests over health
concerns, lawsuits and the expense of identifying and remedying mold
contamination.
Even in the absence of substantial agreed upon mold exposure limits and a lack of
conclusive evidence of health effects, there have been many settlements
with significant financial penalties placed at the feet of defendants.
Below are a few of the more visible judgments and settlements awarded in
mold cases.
Judgments
$1,353,000 Beach house owners vs. Building contractor Malibu, CA,
2001
$1,400,000 Elizabeth Stroot vs. New Haverford Partnership New
Haverford, DE, 1999
$32,000,000 Ballard Family vs. Farmers Insurance Group Dripping
Springs, TX, 2001
Settlements
$545,000 Three Families vs. Homeowners Association Alameda County,
CA, 2000
$600,818 Rialto Family vs. City of Rialto Rialto, CA, 1998
$1,500,000 Charles Blum et al, vs. Chubb Insurance Corpus Christi,
TX, 2001
Because most of the aforementioned cases have involved recovery of
property damages, repair and remediation, punitive damages, and
compensation for personal injury, it is difficult to determine the exact
amount paid for each category of damage. As a result, it is difficult to
estimate an average repair cost per contaminated property.
Mold - Overview
What is It?
Health Effects
Types
Conducive Conditions
Screening
Media
Litigation
