Toxic Mold
Toxic mold exposure, sometimes known as "Sick Building Syndrome" (SBS), is the focus of a growing number of lawsuits across the country. Mold is a tenacious, unwelcome house guest. It climbs up bathroom walls, invades carpet and infests drywall. Certain molds are toxic, meaning they can cause serious illness to persons who come in contact with them. However, not all mold found in buildings are toxic. Unfortunately, it is impossible for homeowners to easily distinguish between toxic and benign molds.
Any sign of mold may be an early warning of a big, expensive wave of mold repercussions, ranging from what a home seller needs to disclose to the spawning of whole cottage industries that test for and remediate mold. In between, there may be mold issues for home builders, insurers, inspectors, appraisers, moving companies, relocation firms and others.
In May 2001, the Delaware Supreme Court upheld a $1 million award to two women suffering from respiratory problems who said their landlord failed to fix water leaks, causing mold to grow which in turn caused significant health problems. In June 2001, a Texas court awarded a family a $32 million judgment against their insurer, after the insurer mishandled their claim for repairs related to a burst pipe in their home. The water caused mold to develop, essentially making the home inhabitable and the family ill. Toxic mold claims can be brought on grounds of negligence, strict liability, failure to warn, and breach of warranty.
Toxic Mold Background
Mold contamination claims were virtually unheard of a few years ago, but people are becoming more aware of indoor air quality issues because of the expanding scientific and medical knowledge of the toxic effects of mold. According to the Centers for Disease Control and Prevention (CDC), five varieties of household mold are harmful to your health: Penicillim, Aspergillus, Stachybotrys, Paecilomyces, Fusarium. These molds are different from benign molds because they produce mycotoxins. Mycotoxins are poisonous substances that are produced by fungi. Mycotoxins tend to concentrate in fungal spores, and thus present a potential hazard to those who inhale these airborne spores. Toxigenic spores can have a significant affect on the function of the alveolar macrophage and be a health hazard to those exposed. Stachybotry mold is particularly hazardous to children.
Although mold affects individuals differently and to different degrees, the following are some of the most common adverse health effects:
- Muscle Cramps
- Dizziness
- Fatigue
- Respiratory problems - shortness of breath
- Nose irritation
- Dry skin irritation
- Sinus congestion
- Burning and watering eyes
- Sore throat
- Nausea
- Aches and pain
- Fever
People with weakened immune systems may be more vulnerable to these health effects (as well as more vulnerable than healthy persons to mold toxins). Aspergillus, for example, has been known to infect the lungs of immune-compromised individuals. These individuals inhale the mold spores, which then start growing in their lungs.
Since toxic mold requires water to grow, buildings with moisture problems are highly susceptible to mycotoxin problems. Delayed maintenance, insufficient maintenance, and construction defects are common reasons for toxic mold growth.
