Getting Through Your Divorce and on With Your Life

Legal Theories For Toxic Mold Claims

23 May 2018

Celina Henry

If you have been exposed to toxic mold in a house you have just bought, you are entitled to compensation from the liable party. You have to base your claim on the relevant legal theory to succeed with your claim. Here are some of the legal theories that your claim might rest upon.

Breach of Warranty

Most builders or contractors warrant their work for specified periods. In most places, this is not just out of the builder's marketing techniques or good hearts, but it is also a legal requirement by the government. A breach of warranty essentially claims that you were injured because you relied on a contractor's or builder's promises that turned out to be false.

For example, a roofing contractor may offer you a roofing warranty that covers all roofing damages arising out of their faulty workmanship for three years. This means that they will be liable for losses you may experience that can be traced back to poor roofing installation. If, for example, you can prove that your house developed toxic mold after suffering water leaks because the roofing contractor didn't seal it properly, then you may be able to hold the contractor liable for your damages if the roof is still under warranty.

Negligence

The legal theory of negligence describes the failure of a person to work with a degree of care that would prevent injuries or damages under specific circumstances. In negligence cases, what the defendant did or failed to do is compared to what a reasonable person would have done or not done under the same circumstances.

Consider a case where you are claiming that you suffered toxic mold exposure because your house suffered water damage as a result of the plumber's failure to join the water pipes properly. In this case, the court will find out how a reasonably prudent plumber would have handled the same joints. You have a valid negligent claim if it turns out that what your plumber did was inferior to what a reasonable plumber would have done under the same circumstances.

Failure to Disclose

Lastly, you may also base your toxic mold claim on the legal theory of failure to disclose. This legal theory is based on the fact that anyone selling a real estate property is required to disclose all facts that affect the desirability or value of the property. It's clear that the presence of toxic mold in a building reduces both its desirability and price. Therefore, if the previous owner knew about the mold infestation and didn't tell you about it, then you can use pursue your damages based on failure to disclose.

For more information, contact a law office like Trump & Trump.

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