Serious health conditions in humans, from toxic molds, have been referred to for hundreds of years. In the last ten years, there have been many reports of toxic molds causing serious, and even fatal, consequences for infants and sensitized individuals.  Symptoms may include respiratory problems, skin rashes, headaches, lung disease, cognitive memory loss and brain damage.  These symptoms,however, may also be caused by other factors.

Long and short-term effects of toxic mold are just now being documented by the scientific community. People with allergies may be more sensitive to these molds. People with immune suppression or underlying lung disease are more susceptible to fungal infections.


Toxic mold: Aspergillus, Cladisporium, Penicillium, Stachybotrys and Trichoderma.  These are names that many of us can't even pronounce, much less identify in our surroundings. Mold spores and mycotoxins are airborne and so small that they can't be seen by the naked eye. Hundreds of thousands of them can fit onto a single postage stamp. Your home or workplace could be compromised by these molds without your knowing it. Molds that may contain mycotoxins should be considered the same as other common molds, which can grow in your house.

The most common cause of mold growth is moisture. Molds can grow on wood, paper, carpet, and foods. Anything producing moist conditions in a dark area will promote mold growth.

Protect yourself and your family.

• Get help for unexplained illnesses such as respiratory irritation or a rash which seems to get better when you leave your home and go outside.
• Get your home tested.
• Eliminate areas of seepage or leaks immediately.
• Find and an attorney in your state who knows toxic tort law.

In Texas HOBB has recently sponsored a New Home Lemon Law. Lemon laws for homes are also being debated in Massachusetts and Illinois.

If you are having your home built, you should have your attorney check your contract for a binding arbitration clause. These clauses deny your constitutional right to a civil trial by jury if you later sue the builder for any defects in the home. They also deny your constitutional right to small claims court in matters pertaining to defects in your new home. VA/FHA Loans do not have binding arbitration clauses for this reason.

Does your landlord address leaks and mold problems in your apartment in a timely manner?  Your lawyer will know the landlord tenant laws that apply to this legal problem.

Does your insurance company address your claims responsibly and in a timely manner?  Your attorney, in correspondence with your insurance company regarding your claim, will use verbiage found in your insurance policy, state law and regulations, and will be consistent with current court decisions.

A civil wrong, or a tort, is recognized by law as grounds for a lawsuit.  Sometimes these wrongs are considered crimes and are punishable by imprisonment, but the primary aim of tort law is to provide relief through compensation to the injured parties for the damages incurred.  Among the types of recoverable damages are: loss of earning capacity, pain and suffering, and reasonable medical expenses.  Damages usually include both present and future expected losses. This means that a person, who has been injured due to a defect in a product or a breach of an expressed or implied warranty, may be able to bring a lawsuit against the manufacturer, builder, or seller, or any appropriate person between.

Torts occur through unreasonable negligence, malicious intention or strict liability.  Tort law is state law created through state courts and generally uses the Restatement of Torts (2nd) as an influential guide.