Trusted Legal Advocacy

California Toxic Mold: What’s In Your Walls?

Sometimes called sick building syndrome (SBS), toxic mold exposure results from an unwelcome and tenacious invasion of certain types of molds. They have Latin-based, tongue-twister names: Aspergillus, Stachybotrys, Paecilomyces, Fusarium and Penicillium. It is true some molds are benign, but how do you know what is climbing in your walls and lurking in your carpets?

Mold isn’t just a homeowner’s problem. It can grow in any building: college housing, public and private schools, churches, senior care centers, offices and warehouses. Mold likes damp places. It doesn’t need light. It thrives on drywall, insulation, wood and paper. In one case, the owner of a Cadillac sued for mold exposure because defective seals allowed water leakage, and mold took hold.

Common Types Of Mold And Associated Health Risks

The presence of toxic mold in buildings can lead to a wide range of health concerns, from mild allergic reactions to severe medical conditions. Understanding the different types of mold and their potential health impacts is crucial for property owners and occupants. Common toxic molds include:

Stachybotrys (black mold): Among the most hazardous mold varieties found in buildings, this toxigenic mold flourishes in consistently damp areas and produces dangerous mycotoxins. Exposure can result in severe respiratory problems, persistent fatigue and even neurological symptoms that may require immediate medical attention.
Chaetomium: Frequently discovered in water damaged structures, it presents a unique challenge for identification. Initially appearing as white fuzzy growth, it darkens over time to resemble black mold. While primarily classified as allergenic, it can cause significant health complications, particularly in individuals with compromised immune systems.
Alternaria: Commonly appears in bathrooms and around damp windows where condensation collects. This allergenic mold poses particular risks to those with respiratory conditions, potentially triggering severe asthma attacks and hay fever symptoms. Its presence often indicates ongoing moisture issues that require immediate remediation.
Aspergillus: Typically found in HVAC systems and water damaged buildings, it represents a serious pathogenic threat. Some species produce carcinogenic aflatoxins, and in severe cases, can cause life-threatening infections in immunocompromised individuals. Its presence in ventilation systems makes it particularly concerning due to its widespread distribution potential.
Penicillium: Recognizable by its bluish-green coloration, it can trigger significant health issues despite its beneficial use in medicine. Its airborne spores easily spread throughout buildings, potentially causing asthma attacks and, in some cases, heart inflammation. The widespread distribution capability makes it particularly challenging to contain once established.
Mucor: Characterized by its rapid growth, and white or gray appearance, it typically infests water damaged materials, carpets and mattresses. While most species cause allergic reactions, some can lead to serious fungal infections that may result in tissue damage in severe cases.
Aureobasidium: Frequently develops beneath wallpaper and paint, making early detection challenging. This fast-growing allergenic mold often indicates hidden moisture problems and requires professional assessment to determine the full extent of the infestation.

If you suspect the presence of any of these mold types on your property, it’s important to seek professional evaluation and remediation services promptly. The health risks associated with toxic mold exposure can be severe, and proper identification and removal by qualified professionals is crucial for ensuring the safety of building occupants.

Common Symptoms Of Toxic Mold Exposure

Toxic mold exposure can cause serious health problems that affect your quality of life and ability to work. When property owners in Huntington Beach and throughout California fail to address mold issues promptly, occupants often face both immediate and long-term health consequences.

Medical research shows that exposure to toxic mold can trigger a wide range of health issues. Many California victims develop multiple symptoms that significantly impact their daily lives and ability to function normally:

Respiratory issues including chronic coughing, wheezing and shortness of breath
Severe allergic reactions with nasal congestion, eye irritation and skin rashes
Persistent headaches and chronic fatigue that impact daily activities
Memory problems, difficulty concentrating and mood changes
Asthma attacks or worsening of existing asthma conditions

These symptoms often serve as early warning signs of toxic mold exposure and should not be ignored, as they typically worsen without proper remediation of the contaminated environment.

Long-Term Health Effects

Without swift intervention and removal of toxic mold, victims may develop severe medical conditions that can persist for years. Scientific studies have documented numerous long-term health impacts:

Development of chronic respiratory diseases
Permanent damage to the immune system
Neurological problems affecting memory and cognitive function
Severe allergic reactions requiring ongoing medical treatment
Development of chronic inflammatory response syndrome

The severity of these conditions highlights why immediate action is crucial when toxic mold is discovered in any building.

The Duty California Property Owners Have In Preventing And Treating Mold

California property owners have a legal obligation to ensure their premises are reasonably safe from hazards for their tenants. Toxic mold is one such hazard that can be a significant concern. Just as they must mitigate other hazards, property owners also have a duty to prevent and address toxic mold.

Our attorneys have amassed years of experience in asserting the rights of tenants in the Huntington Beach region of California. Here are some important points to consider:

The Legal Obligations Of Property Owners

The California health and safety codes state that residential properties must meet basic living standards. These standards include maintaining a property free from conditions that pose health risks, including toxic mold. Unfortunately, mold contamination can arise from water leaks, poor ventilation or unaddressed plumbing issues, all of which property owners are required to address.

The California Department of Public Health (CDPH) emphasizes that mold resulting from chronic dampness can create an unsafe environment. Property owners must remedy all conditions contributing to mold growth to maintain safe premises.

The Rights Of Tenants

Under California’s landlord-tenant laws, property owners must provide suitable living conditions. If a tenant notifies a landlord of mold growth or conditions that may cause it, the landlord is required to take prompt action. This includes inspecting the property, repairing the underlying issues and addressing any existing mold. The tenant cannot be retaliated against for reporting legitimate safety concerns about toxic mold growth.

What If Landlords Refuse To Fix Toxic Mold Issues?

Property owners who refuse to treat mold may face legal repercussions. Tenants affected by mold exposure can pursue claims for damages, including medical expenses, relocation costs and even emotional distress. Additionally, regulatory authorities may impose fines or other penalties for violations of health and safety standards.

To mitigate the risks associated with toxic mold, property owners should conduct regular maintenance checks and ensure adequate ventilation. Proactive measures not only safeguard tenants but also protect property owners from potential legal liabilities.

Our attorneys have years of experience in this area of the law, and we can help ensure that your legal rights as a tenant are respected.

Work With A Proven California Toxic Mold Lawyer

Toxic mold may cause personal injury, and that may give you grounds to seek compensation through a lawsuit. At the Geurts Law Firm in Huntington Beach, our California toxic mold lawyer can help. We have a proven record of success in toxic mold cases throughout Orange County and beyond. Some of our major wins include:

A Laguna Beach, California, landlord neglected to repair a mold-infested house. A child in the home suffered severe respiratory problems for several years caused by the mold. Jury award: $1.2 million
Moldy lumber used in a house in Manhattan Beach, California, caused severe medical problems for the family’s child. Jury award: $22.6 million
Toxic mold was the cause of serious illness for a well-known TV star and his wife, and it killed the family dog. Settlement: $7.2 million

Our Approach To California Toxic Mold Cases

When a case involves toxic mold exposure, our attorney and team at Geurts Law Firm are ready to help. There are many steps to consider. It is essential to act promptly because mold causes personal injury, which means lawsuits are generally subject to a two-year statute of limitations (deadline) from the date of injury.

Mold exposure cases are sometimes difficult to prove, so seek legal advice early when you first suspect a mold problem. Our attorney may advise you to seek medical care. At Geurts Law Firm, we have seen clients with differing symptoms, including mild ones like asthma and allergy sensitivities and serious, long-term ones like memory loss, confusion and mycotoxicosis (another fancy word meaning mold poisoning).

At Geurts Law Firm, we understand the importance of preserving evidence. We will likely recommend an environmental assessment. It may be necessary to negotiate with builders, contractors, landlords, homeowner associations, property inspectors, realtors and others. For all of this, it is advisable to have a reliable attorney such as ours representing your interests.

FAQ About California Toxic Mold Claims

When dealing with the harmful effects of toxic mold, it’s essential to understand your legal rights and options. Here is some information to consider.

What can I do when preparing my toxic mold claim?

You can take several steps to position yourself well for a toxic mold lawsuit:

Document all evidence of mold presence and its impact. This could include photographs, videos and medical reports if health issues arise due to mold exposure.
Keep a record of all communication with landlords, property managers or contractors regarding the mold issue.
Consult with a qualified toxic mold lawyer as soon as possible. Our attorney can evaluate your case and guide you on the right path to securing compensation.

Don’t wait until it’s too late to take action. The sooner you talk with a lawyer, the better your chances of building a strong case.

Who are some potentially liable parties in a toxic mold claim?

Several parties could be held liable in a toxic mold claim, depending on the circumstances surrounding the exposure. Property owners, landlords, property management companies, contractors, and even builders can be responsible if they are negligent in preventing visible mold growth or inadequately addressing mold issues. Each case is unique, so discussing your situation with a toxic mold attorney is crucial to identifying all potentially liable parties.

What can a toxic mold claim cover?

A toxic mold claim can cover various damages depending on the extent of the exposure and its impacts. Typically, compensation might include:

Medical bills for treatments related to mold exposure
Lost wages if the exposure has led to significant health problems preventing work
Property damage compensation to cover costs for repairing or replacing damaged property.

In some cases, it might also cover pain and suffering or other noneconomic damages.

Get Help With Your Toxic Mold Claim Today

If you think you may have been harmed by mold where you work, play or live, call Geurts Law Firm for a free consultation: 714-660-4313.