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Suing Over Mold

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(credit: AP Photo/Christof Stache)

(credit: AP Photo/Christof Stache)

feldman_amy Amy Feldman
Amy E. Feldman is a business commentator and legal business...
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By Amy E. Feldman

PHILADELPHIA (CBS) - You say mold, I say lawsuit.

Broward County, Florida just agreed to settle a case with a lawyer who worked in the courthouse and claimed that her severe sinus problems were caused by mold in the courthouse for $166,000. You may wonder how you can find the source of the mold in a courthouse filled with lawyers.

The lawyer’s surgeon found mold in her sinuses that matched the mold in the walls of the courthouse. EWW.

Exposure to mold has been linked to allergic reactions, infections, asthma, and other health effects. For the most part, most mold-related claims aren’t based on the worksite but on the faulty construction or materials used in homes that have allowed the mold to grow.

So if your home has mold, can you sue?

Depending on the reason for the mold growth, lawsuits have been filed against builders, architechts and engineers, condo associations, and even realtors who knew about the problems but didn’t disclose it to buyers.

If you have a mold problem, start with your homeowner’s policy which may cover it. Insurance companies have begun to insulate themselves from liability by excluding mold coverage in new policies and renewals of old policies that at one time did cover mold damage.

Suddenly the lawyers who handle those cases on your behalf don’t seem so repellant now do they?

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