Economic Considerations In Any Mold Case

Posted by & filed under Mold Litigation.

In any mold litigation case, whether it be construction defect, landlord/tenant or purchase/sale, mold can be costly.  This area requires numerous experts to prove both liability and causation.

Before initiating litigation, Thompson | Wedeking analyzes whether the case may be prosecuted economically. Even a case that looks easy for establishing liability against one or more defendants might not contain the potential for large monetary recovery.

At Thompson | Wedeking, we never undertake representation of clients on a mold action with the expectation that it will settle for significant money before litigation is commenced or shortly after filing. Mold litigation cases are aggressively defended, and the cost of litigation can sometimes exceed the value of the action or seriously impact its profitability.

We always attempt to avoid putting ourselves in the unenviable position of having to explain to our clients why the recovery is so small compared to the litigation costs.  The nature and difficulties of each case are always explained to the client from the onset so the client can make the most informed decision possible.

Call us today for a free evaluation of your legal matter.

Insurance Coverage Issues In Mold Litigation

Posted by & filed under Mold Litigation.

Third party liability claims involving mold usually arise from situations in which the underlying issue is a water intrusion problem that results in mold damage to third party properties. In fact, most third party claims arise out of another party’s first party property damage claim.

Example: A landlord has a pipe break in a rental unit that causes water and mold damage to the tenant’s clothing and other personal belongings. While the water and mold damage to the building itself would constitute a first party claim on behalf of the landlord, the tenant may have a potential claim as a third party for damage to his or her personal property as a result of the loss.

As a result of alleged improper conduct/workmanship or inaction by the property owner in remediating the water intrusion problem and/or the resulting mold damage, you might find one (or more) of the following litigation scenarios:

  1. Homeowner, Property Owner, or School vs. Builder, Developer, Architect, Subcontractors (HVAC), or Remediation Consultants
  2. Condominium Owner vs. Home Owners Association
  3. Tenant vs. Landlord or Property Manager
  4. Buyer of Property vs. Seller, Broker, or Contractor
  5. Employee Disability or Workers’ Compensation Claims

Call us today for a free evaluation of your legal matter.

Basic Elements Of A Mold Case

Posted by & filed under Mold Litigation.

Indoor fungal growth and contamination become causation to action when they cause property damage, personal injury to the owners or occupants of the affected building, or both.

The elements essential to an action based on water damage and fungal growth are:

  1. Water intrusion
  2. Resultant fungal growth or contamination that causes damage to either or both:
  • The building structure and personal contents
  • The building occupants (i.e., personal injuries)

In evaluating the case, we look to certain aspects to determine whether a situation is a reason to incite action:

  1. In non-water-damaged environments, a balanced relationship typically exists between outdoor and indoor fungal concentrations. Mold is ubiquitous and exists in non-problem buildings.
  2. When a building sustains water damage and certain conditions exist (i.e., moisture, humidity, or a nutrient source), fungi can start to grow within 24 to 48 hours. If, however, the source of water intrusion is quickly identified, abated, and the moisture source necessary for the fungi to survive is eliminated, fungi become dormant and eventually die off.
  3. Even nonviable fungi (fungi in a dormant state) have the potential to cause adverse health effects. Therefore, abatement of water must be accompanied by proper cleanup of all affected areas. An expert should evaluate how to remediate such an environment.

Call us today for a free evaluation of your legal matter.

Health Effects of Mold

Posted by & filed under Mold Litigation.

Fungi can be allergens, irritants, or pathogens. They also produce mycotoxins, which are poisons. Health effects to humans resulting from exposure to fungi include hay-fever-type symptoms, usually reported as seasonal, but by occupants of a water-damaged building, they are experienced as perennial.

Symptoms

Symptoms include: dry, watery, itchy and/or red eyes; sneezing; productive cough; dry cough; congestion; runny nose; headaches; rashes; fatigue; sore throat; swollen glands; difficulty breathing or shortness of breath; sinus pressure; ear pressure; ear popping; gastrointestinal problems.

Diagnoses

Diagnoses include: allergic rhinitis; bronchitis; pneumonia; asthma; sinusitis (fungal or bacterial); allergic broncho-pulmonary aspergillosis (inflammatory organ lesions); hypersensitivity pneumonitis; fungal sinusitis; urticaria (skin eruptions). Chronic sinusitis and severe allergic exacerbations of allergic rhinitis can cause or contribute to anosmia or hyposmia, the loss or diminution of ability to smell odors. Many individuals with these conditions have a compromised ability to taste or none at all.

Call us today for a free evaluation of your legal matter.

Scientific Concepts of Mold Litigation

Posted by & filed under Mold Litigation.

Fungi become a structural problem when growth occurs on wet building materials in an indoor environment. Personal contents that also become wet are subject to fungal growth. Once established, fungi can disperse throughout a building.

  1. Modern energy-efficient buildings present a particular problem due to their inability to breathe, and fresh air exchange depends on the design and maintenance of the HVAC system. All too often, these buildings become a breeding ground for fungi and bacteria due to insufficient outside air entering the system; outside air is important because it dilutes indoor pollutant concentrations.
  2. Poor filtration is also a common problem: Dirty air-handling units and contaminated duct work have been identified as causes of “sick building syndrome” and “building related illness.”

Fungal growth in an indoor environment can degrade air quality and disperse spores throughout a structure. If the surfaces on which spores settle are moist or wet, fungal growth can occur within 24 to 48 hours. In such an environment, occupant health may also be impacted.

Call us today for a free evaluation of your legal matter.

Pedestrian Killed After Being Struck By School Bus In Fallbrook

Posted by & filed under Pedestrian Accidents.

While leaving a romantic gesture with chalk on the road outside of his girlfriend’s Fallbrook home, a man was struck and killed by a school bus.  The man, Deio Alcala, was kneeling the turn land on Reche Road.  According to the California Highway Patrol, the man looked up but did not move in time and the 25 person bus hit him around 5:45 a.m. on Friday February 26, 2010. The impact knocked him into a Ford Explorer and he died at the scene.  It appears that there were no people on the bus other than the driver, who was unhurt.

While it is unclear at this time if the driver had time to stop, we want to remind everyone to keep a special lookout for pedestrians when driving. They are unprotected and a great risk of injury.

Our San Diego County Pedestrian Accident Attorneys would also like to remind everyone that the road is a dangerous place to be (even on residential streets) and that the risk of injury or death is very high considering the usual outcome of pedestrian accidents with vehicles.

Out hearts go out to the friends and families of Mr. Alcala.

We at the Law Office of Harold D. Thompson are Fallbrook Pedestrian Injury Lawyers dedicated to helping those injured by the carelessness and negligence of others. We have represented many pedestrian and if you or a loved one has been injured in San Diego, please call us today at 619.615.0767 or visit website at San Diego Pedestrian Accident Attorneys for a free consultation.