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Cause of Mold is Subject of Lawsuit. Who Will Pay?

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cause of mold lawsuitI just got finished testifying in a mold lawsuit that dates back to 2002. That's right, eight years ago!  As an expert witness I'm not at liberty to discuss the details of this case, but I can tell you there are several insurance companies involved, along with a homeowner who just wants to move back into her home. 

So what happens when you find mold damage in your home that either exceeds your insurance coverage or is not covered at all?  If you can't afford to properly remove the mold, what are your options.  Could someone else be held responsible for your mold problem?

In the lawsuit I recently testified in, nobody is willing to take responsibility for the cause of mold in the house. It wasn't the owner's fault. It wasn't the builder's fault. It wasn't the insurance company's fault.  It wasn't the landscaper's fault.  But the damage is extensive and somebody has to pay to remove it.  But who?

So 8 years later, the homeowner and all of the other parties sit before a judge and jury awaiting an answer.

So, who wins?  No one but the attorneys.  Eight years and tens of thousands of dollars later, the house is still full of nasty mold, the cause of mold has not been established, and the homeowner is still out of her home. 

My simple advice is don't let a mold problem go this far. If you have a chronic moisture problem, get the cause of mold under control with adequate dehumidification and ventilation.  If you have a small mold problem, address it in the early stages before it gets out of control.  If you have an odor problem and suspect mold, have it checked out by a mold professional.  Many minor mold problems can be solved with little expense and minimal effort if they are addressed early.

The photos are from my most recent visit to this house.

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Mold Prevention -- Emergency Drying

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Mold and water go hand-in-hand.  One of the most common causes of mold is incomplete or improper drying after water damage resulting from flooding from a storm, a burst pipe or the failure of an appliance or heating system.  If professional drying is not started with 24 to 48 hours, mold is very likely to form and spread.

Water-Out Southern New England is the premier emergency drying company in New England, and is a sister company of Enviro-Clean, Inc.  Water-Out responds to water damage emergencies 24/7/365, and we've traveled all over the country to provide emergency drying services to clients in need.  Just a few of the places we've been:

  • Florida - Stuart, West Palm Beach, Destin, Pensacola, and Perdido Key in 2004 for Hurricanes Charlie, Frances, Jeanne and Ivan, and Santa Rosa for Hurricane Dennis in 2005
  • Mississippi - Gulfport, Waveland, Pass Christian and Bay St. Louis for Hurricane Katrina in 2005
  • Louisiana - Metarie, Gretna, Baton Rouge, LaPlace and New Orleans for Hurricanes Gustav and Katrina
  • Texas - Houston, Port Arthur and Liberty for Hurricane Ike in 2008
  • Iowa - Cedar Rapids for the floods in June 2008

The following pictures are from a commercial building in Cranston, Rhode Island.  The sprinkler system let go and flooded the building.  If you look closely you'll see that the water level in the basement is almost all the way to the ceiling!

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