MCFARLAND, GOULD, LYONS, SULLIVAN & HOGAN, P.A., ATTORNEYS AT LAW Serving the Tampa Bay Area For Over 45 Years
Injury Law Alert
Winter 2005/2006
TOXIC MOLD: A GROWING PROBLEM
Recently, many news stories have reported the rise of "sick building syndrome" and described serious and even fatal health dangers hidden in people's homes and workplaces. The environmental problem underlying these stories is often not man-made pollution but rather a product of nature: mold.
What Is Mold?
Different kinds of microscopic fungi that grow on plant or animal matter are molds. Mold thrives in damp conditions and in dark areas. There are over 100,000 different kinds of mold in nature.
Only a few of the thousands of known kinds of mold are dangerous (and potentially deadly) to humans. These dangerous molds, referred to as "toxic molds," present a variety of threats to human health and property. The color of most toxic molds is sooty grey or black.
Toxic molds release spores, tiny particles which spread the mold. These spores can contain mycotoxins, a poisonous substance produced by the mold. Mycotoxin-carrying spores can be inhaled by humans living and working near the mold, and inhalation of these spores can have a variety of effects on different people. Some of the symptoms associated with exposure to a toxic mold include wheezing, shortness of breath, allergy-like reactions, and runny eyes and noses. For some people, the symptoms stop there, but for others (people who are especially sensitive or who have been exposed to toxic molds for a long period of time), more serious problems can develop, including suppression of the immune system, problems with the central nervous system, lung disease and infection, and even death.
Where Are Toxic Molds Found?
Because molds like moist and wet climates, they are often found in areas that are frequently wet or which have gotten wet in the past, such as from a flood or a burst pipe. Often, people do not know that their homes are infected with a mold, because the mold is growing behind the wall, in the insulation, or under the carpet. Mold also can be found in apartments and large commercial buildings and offices. It can be spread from room to room and office to office through the ventilation system.
What if I Suspect I Have Been Exposed to Mold?
If you think you have been exposed to toxic mold, see your doctor immediately. If your property is infected with mold, the first thing to do is to determine what kind of mold is involved. If the mold is one of the many kinds thought to be harmless, all you have to do is clean it up. However, if the mold turns out to be a toxic mold, it must be cleaned up by trained specialists to ensure that it does not return. Depending on the policy, the costs associated with cleaning up mold may be covered by homeowners insurance.
Sometimes the mold infestation is so widespread that the repairs will cost more than the property is worth. If this is the case, the property has essentially been destroyed. You can no more live in a house infected with toxic mold than you can live in one that has burned to the ground. Mold can also be present in apartment buildings, commercial buildings, and public buildings, making them unsafe places in which to live or work.
Toxic mold lawsuits can involve contractors, landlords, home sellers, realtors, home inspectors, and insurance companies. In addition to claims related to property damage, you may also have claims arising from mold-related health problems. If you can prove a connection between the health problems and the mold (which is often difficult to do), you may be able to recover money for health problems attributable to the mold.
Toxic mold lawsuits are complex and often require experts to help prove your case. If you suspect that your property is infected with toxic mold, or that you may have a mold-related health claim, contact us. We would be glad to discuss your case with you.
PREVENTING TOXIC MOLD
Mold grows best in wet, humid conditions. Preventing mold requires keeping affected areas dry. Indoors, humidity should be kept at less than 40%, and a dehumidifier should be used during humid weather. Areas of houses where water is common (bathrooms and kitchens) should not be carpeted and should have good ventilation to allow them to be dried out if they do get wet. If part of your house does get wet, soaked carpets, wallboard, and insulation should be replaced immediately in order to prevent mold from taking root.
If you do get mold, attack it while it is small. After drying the area, a bleach-based solution can be used to kill the mold. Remember: Painting over mold only hides the problem. Paint only when the walls are dry and use a mold inhibitor in the paint to make sure you do not create a hidden hazard.
BEWARE OF TELEMARKETING FRAUD
Although the national Do Not Call Registry has cut down on the number of telemarketing calls, it has had less effect on scam artists who engage in telemarketing fraud. Telemarketing scammers prey on anyone they can, but they often target the elderly and others they see as "easy pickings." Therefore, when you receive a call from a telemarketer, it is important to be on the lookout for scams.
How can you tell if a sales call is legitimate? Common signs of telemarketing fraud include:
* Offers that sound too good to be true. If it sounds too good to be true, it probably is.
* Promises of high return with little or no risk. If some opportunity promises high profits, it is safe to assume that it also has high risks.
* Appeals to "act now," or claims that the offer is good "for one day only." This kind of high-pressure sales tactic is often associated with telemarketing fraud. While legitimate companies sometimes have limited-time offers, most will not try to force you to take them.
* Offers of a "free" gift that requires you to pay shipping and handling to receive it. You will usually find that the cost of shipping and handling is more than the "free gift" is worth.
* Offers that require you to provide credit card or other private financial information. Scammers usually tell you it is to "verify" some information about you, but really all they are verifying is information that they will then use.
* Telemarketers who are hesitant to identify their company or give you other information. Legitimate companies are happy to have you know who they are.
THANKS FOR THE REFERRALS
Despite this modern age of marketing and advertising, the best source of our new business is word of mouth. We are grateful that many of our clients and friends feel confident in recommending our firm.
Unfortunately, when many people need a good lawyer, they do not know where to turn. If you or someone you know has been injured and needs legal help, call us.
"JUST SAY NO" TO . . .
Unsolicited Credit Card Offers
Under the federal Fair Credit Reporting Act, consumers have the right to stop credit bureaus from providing their names and addresses for marketing lists.
The four major credit bureaus have set up a toll-free number (888-5-OPT-OUT or 888-567-8688) and a website (www.optoutprescreen.com) that provide consumers with the means to stop the flow of unsolicited credit card offers. You can also be put back on marketing lists after having been removed from them. In cases of joint credit, both parties may be required to opt out before the solicitations will stop.
GOVERNMENTAL NEGLIGENCE
With the government involved more and more in our lives, there is an increased chance that you could be injured because of the government's negligence. Since the Middle Ages, the law of England has followed the edict that the "king can do no wrong," and, thus, if you have been hurt by the king or his agents, that is your own bad luck. Although the United States has no king, we do follow English law, including this idea of "sovereign immunity." In its modern form, sovereign immunity prevents people from suing the government unless the government gives them permission to do so.
Because sovereign immunity can unfairly result in injured persons not being compensated for their injuries, most states and the federal government have passed laws called Tort Claims Acts. These laws give citizens advance permission to sue for certain kinds of injuries caused by the negligence of government employees. If a claim is subject to the Act, the government is liable in much the same way a private person can be liable.
However, the kinds of claims permitted by the Act are fewer than the kinds of claims that can be brought against a private person. For example, a citizen may be able to sue for injuries caused by a police officer's negligent driving but probably not for the police department's negligent failure to catch the thief who robbed him or her. Additionally, claims against the government may be subject to special rules and special time limits that differ from those in a normal lawsuit.
Don't despair because your injury was caused by the government. You do have rights, and we will help you protect them.
END-OF-LIFE PLANNING
In the wake of recent events that were painfully played out in the media, we all should make appropriate arrangements for end-of-life medical decisions.
It is important to talk to your family about your wishes, but you also need professional advice and assistance to prepare the necessary documents. Those documents include a "Living Will" and a "Medical Power of Attorney." Don't wait until it is too late.
SHOULD I HIRE A LAWYER?
A person who has been injured often faces a difficult choice: Should I hire a lawyer, or handle it myself? Although you might expect a lawyer to tell you that you should always hire an attorney, the answer is that it is not always necessary.
In the case of a car accident, if the collision was a small one, you probably do not need a lawyer. For example, if the only damage was to the car, a fair settlement would cover the cost of repairs plus any other damages attributable to your car being out of commission, such as the cost of a rental car. You know what these damages are, and you probably do not need a lawyer to recover them.
However, if you have been injured, you should seriously consider talking to a lawyer. It is important to remember that the insurance company does not work for you and is not your "friend." To repeat: The insurance company is not your friend--in fact, it has a financial interest in getting you to accept as little money as possible. Therefore, the insurer's first offer is probably not its best offer, no matter what it says.
If you are unsure whether you have received a fair offer, or if you are sure that you have not, it is time to consider hiring a lawyer. A lawyer can help you evaluate offers, and, even though the lawyer does not work for free, he or she can often help you increase the offer enough that you will still end up putting more in your pocket than otherwise. Finally, if the insurer will not deal with you fairly, a lawyer can help you file and win a lawsuit.