Peachtree City Injury Attorneys Discuss Toxic Mold Injuries and Illness (Part B)

Who is liable for presence of mold? A Peachtree City injury attorney can help you evaluate the case to determine if the property owner is liable for your injuries.

Determining Liability

Because the property owners are responsible for maintaining their buildings, they may be liable if toxic mold is present. They have a responsibility to keep mold from growing in the building and if they were aware of toxic mold in the building, they are obligated to then take the necessary steps to remove it. In an apartment complex, the manager or landlord is often held liable.

Insurance companies can also be held liable for toxic mold growth, even though they do not own the building. For example, if the insured party attempted to remove the mold from the premises but the claim was denied by the insurance company, the insurance company can be held liable. In fact, it may be forced to pay the party for expenses related to the delayed mold cleanup, such as tenant relocation.

In some cases, liability for toxic mold contamination may be found with: 

  • contractors;
  • architects;
  • building inspectors; and
  • realtors. 

These are parties who had a hand in constructing the building or who could have been aware of mold growth (as in the case of a realtor); but who may not have informed the buyer or properly detected mold growth at the time.

Even if someone is responsible for premises liability because of toxic mold contamination, there are many defenses that may apply, including: 

  • defective materials;
  • breach of contract;
  • negligence; and
  • lack of disclosure. 

Peachtree City injury attorneys can help clients recover expenses resulting from mold contamination. They may receive compensation for medical bills, treatment, eradication and rebuilding.

Contacting a Lawyer

Toxic mold can cause a variety of symptoms. Whether the mold is occurring in a home or business, seek legal representation to help determine premises liability. You may receive compensation to cover damages related to medical expenses and more.

If you are a victim of injuries or illnesses caused by toxic mold, do not delay. Contact a Peachtree City injury attorney from the office of Jason R. Schultz at (404) 474-0804 today.