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We field many, many inquiries from people wanting to assert claims for property damage and/or personal injury because of an exposure to mold. Often, people claim they “know” they have been exposed or that they took pictures and have concluded that mold exposure occurred. Mold cases are difficult cases and one needs to be armed with evidence of actual mold exposure in order for these claims to be potentially viable. Think of the example where a tenant lives in an apartment complex, complains that mold exists and then the landlord cleans up the premises. If that happens, it is certainly possible for a landlord to deny the existence of mold in the unit. However, because the tenant did not obtain their own mold sampling, it becomes virtually impossible to prove that mold existed and, therefore, this absence of evidence potentially defeats the claim. From our perspective, if one believes that it’s possible that they suffered damages associated with mold exposure, we need the proof to establish its existence in order for us to be willing to look at the case. Thus, in every potential claim, it makes sense for the claimant to spend the few hundred dollars necessary to obtain mold testing. Otherwise, the failure to obtain evidence of the mold’s existence can destroy the claim from our perspective.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.