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Most people are aware of what mold is and understand that it grows in moist environments. What you may not realize is that this toxic substance may be growing in your rental home or workplace, as it’s not always visible. Often, mold grows under flooring or even behind walls, which means you don’t realize it’s happening. If you continue to live or work in a space where mold is growing, it can make you quite ill. So, what signs should you watch for? Here are four signs that toxic mold may be making you sick.

Shortness of Breath, Wheezing and Coughing

One of the most noticeable symptoms that people can develop is shortness of breath or wheezing. You may find it difficult to catch your breath or take a deep breath. Some people experience tightness in their chest. It can also irritate your lungs and throat, causing a chronic cough that never seems to go away.

Itchy, Irritated, Watery Eyes

Your eyes can also react to the mold, becoming itchy, irritated, red and watery. This is often a sign of allergies too, so it’s not often a symptom that rules out other potential issues.

Nasal Congestion and Post-Nasal Drip

Nasal congestions, feeling pressure in your sinuses and post-nasal drip are other tell-tale signs of mold sickness. You’ll notice that these don’t clear up within a few days like a common cold would. Some people even explain it as though they have a constant sinus infection or cold that they can’t seem to get rid of.

Neurological and Pain Symptoms Can Also Appear

Along with all the symptoms listed above, there can also be neurological and pain symptoms. These can be even more consequential especially if they are ongoing.

Some of the more common neurological and pain symptoms to watch for include:

• Dizziness and vertigo
• Migraines
• Headaches
• Fatigue
• Weakness
• Joint pain
• Nerve pain
• Brain fog
• Tingling or numbness
• Tremors
• Muscle aches and cramping

What Happens If There Is a Negligent Party Involved?

While you have control over your property, if you are living in a rental unit or working out of the home, then you are counting on that property owner/business to ensure the environment is safe. So, what happens if you’ve now suffered medically because of mold? You may have grounds to file a claim if there is a negligent party involved.

Filing a claim means that you will be eligible for compensation which is meant to cover all your medical expenses, lost wages and any pain and suffering due to the situation. It can be a confusing and lengthy process, which is why you’ll want to contact us at William J. Luse. Our accident and injury lawyers have plenty of experience dealing with toxic mold claims, and we understand how to best prove your case.

You can visit us in person at 917 Broadway St, Myrtle Beach, SC 29577.

If you prefer to reach us by phone, you can call now for a free consultation at (843) 839-4795.

Imagine this: you walk into a room and are immediately struck by a musty odor. Upon closer inspection, you spot dark, irregular patches on the walls or ceiling. That’s mold. But it’s not just about the aesthetic disturbance or that unique, disgusting smell. Mold in rental properties poses risks that every landlord should be aware of.

Mold Explained

Mold is a fungus that grows in humid, damp conditions. It reproduces via tiny spores that travel through the air. If these spores land on a moist surface, they can start to grow. Given the right conditions, mold can spread quickly, leading to an infestation.

The Health Implications of Mold Exposure

Mold isn’t just a cosmetic concern. It can also impact health and wellbeing.

Respiratory Issues

Many people are allergic to mold. Exposure can lead to sneezing, runny nose, and skin rashes. More severe reactions include shortness of breath or asthma attacks. For those with compromised immune systems or pre-existing respiratory conditions, mold exposure can exacerbate symptoms.

Mental Health Concerns

Prolonged exposure to mold can affect mental health. Studies have found correlations between mold exposure and symptoms like anxiety, depression, and cognitive difficulties. It’s crucial to ensure that tenants have a safe living environment, both for their physical and mental wellbeing.

The Financial Ramifications

Mold can also impact you financially as a landlord. It can cause:

Property Damage

Letting mold grow unchecked can lead to significant property damage. Materials like wood, drywall, and insulation are particularly susceptible. Over time, mold can weaken structural components of a property, leading to costly repairs or replacements.

Reduced Property Value

A history of mold problems can decrease the value of a property. Future tenants or buyers might be reluctant to invest in a place known for mold issues. Keeping properties mold-free ensures their long-term value and desirability.

Effective Prevention Strategies

The key to managing mold is prevention. As a landlord, here are some strategies you can put in place to keep mold at bay:

• Regular inspections: Periodically check properties, especially areas prone to dampness like bathrooms, basements, and kitchens.
• Prompt repairs: Fix leaks immediately. Whether it’s a dripping faucet or a leaky roof, swift action can prevent mold from gaining a foothold.
• Good ventilation: Ensure properties have proper ventilation. Using exhaust fans, especially in bathrooms and kitchens, can significantly reduce humidity levels.
• Educate tenants: Provide tenants with information about mold. Encourage them to report water damage or mold sightings promptly.

Legal Implications and Lawsuits

It’s essential for both landlords and tenants to understand the rights of occupants when it comes to living conditions.

The Implied Warranty of Habitability

At the heart of the landlord-tenant law is the ‘implied warranty of habitability’. This legal principle mandates that landlords must offer and maintain premises in a condition suitable for human habitation. If mold infestation jeopardizes this, tenants have rights to seek remedy.

State and Local Laws

The specifics of tenant rights can vary depending on state and local regulations. Some states have explicit laws regarding mold, while others rely on broader housing codes. Regardless of the details, the consensus is that mold rendering a property uninhabitable can constitute a violation.

Filing a Lawsuit as a Tenant: What You Need to Know

If diplomatic solutions fail, tenants might consider legal action. Here’s a brief guide to understanding the process:

Document Everything

Before you take legal action, you should:

• Take clear photos of the mold.
• Collect any medical records linking health issues to mold exposure.
• Maintain a record of all communications with the landlord regarding the mold issue.

Identifying the Basis for a Suit

There are several potential bases for a mold lawsuit:

• Negligence: If the landlord knew about the mold problem (or should have known) and did not address it.
• Breach of contract: If the lease agreement includes terms related to the property maintenance or habitability that were not met due to mold.
• Breach of the implied warranty of habitability: As previously discussed, this pertains to the property’s general state of livability.

Possible Outcomes

There are several potential outcomes of a mold-related lawsuit:

• Monetary damages: The landlord may be ordered to compensate the tenant for medical bills, property damages, or even distress.
• Rent reduction: If the mold issue is ongoing, a judge may decrease the tenant’s rent until the problem is solved.
• Termination of lease: In severe cases, a lease agreement might be dissolved, allowing the tenant to move without penalty.

Landlord’s Defense and Mitigation

If you are a landlord, you are not defenseless in the face of mold lawsuits. Some possible defense angles include:

Proving Diligence

If you can demonstrate that you have taken prompt, appropriate action to address mold concerns once reported, this can potentially mitigate liability.

Assigning Responsibility

In some situations, tenants themselves might be responsible for the conditions that led to mold growth, such as failing to report a leak. If landlords can prove this, it could influence the lawsuit’s outcome.

Lease Agreements

Some lease agreements might include clauses that address property maintenance or specify how mold situations should be handled. If tenants violate these terms, it can affect their ability to sue or the suit’s results.

What to Do if There’s Mold in Your Rental Property

Are you a tenant facing mold in a property that you’re renting? If your landlord has not taken steps to deal with the mold, even if you’re reported it several times, we are here to help. At the law offices of William J Luse, we understand how frustrating it can be to live in conditions where mold has an impact on your health, wellbeing, and happiness. Your landlord has a responsibility to address this problem, and we’re dedicated to advocating for your rights as a tenant.

Contact us today to find out more about how we can help you get the justice and compensation you deserve, and potentially improve your living situation.

You can find us at: 917 Broadway St, Myrtle Beach, SC 29577.

Call now for a free consultation on (843) 839-4795.

Mold is a lot more common than many people think. It can live in almost all indoor environments, especially warm and damp ones. It can cause severe air quality issues and make children sick. The health problems associated with mold can range from mild to very severe.

In some cases, mold can appear seemingly out of nowhere, while in others it can be someone else’s fault, such as your landlord’s. In such cases, you can sue for compensation and damages, ranging from associated medical costs to ensuring the home is free of mold.

Let us explore what mold is and why it can make children sick.

What is Mold?

Mold is a fungus that reproduces and travels from one place to another through microscopic spores. These spores can attach to anything, from pets to clothing, which means they can spread quickly in your home. Normally, mold does not survive on dry surfaces, but it does on ones that have remained excessively wet for a significant period.

It is essential to understand that mold by itself is not toxic. However, some types of mold produce toxic spores responsible for numerous air quality and health issues. The spores are dangerous if inhaled, eaten, or touched, which is why it is crucial to get rid of mold as soon as you see it.

How to Know If My Home Has Mold

Because mold often grows in hidden parts of the home, most people do not realize it is there until they start experiencing symptoms. However, there are a few ways of knowing where your home has mold.

The first sign is stale, musty odors. Mold releases various chemicals as it grows. These include terpenes, carboxylic acids, aldehydes, and benzenes that produce a strange smell when they mix in your home’s environment. The smell can start faint and intensify as the mold and infestation grows.

The second is allergic symptoms that intensify over time. Mold can cause asthma, as we will see later, but mold spores in the home can exacerbate its symptoms in people with existing asthma.

Another is moisture or water issues. While a leak or moisture does not necessarily mean you have toxic mold in your home, it is a significant risk factor. You should check your home if you have any leaks or places where water stands for too long.

The fourth is a black or green growth on different surfaces. Sometimes these growths can appear as dark stains on surfaces, including ceilings, walls, and wood if they have remained damp for a long time.

These dark spots appear alongside peeling wallpaper or paint. Such peeling indicates there is a moisture or damp issue in the home.

Why Moldy Homes Can Make Children Sick

The primary reason why mold can cause children to fall sick is due to the spores it produces as indicated above. There are also additional health issues associated with the humid and warm environments that mold thrives in.

A moldy home can lead to the development of allergies. The body perceives different substances as threats when exposed to them a few times. Once it does, it starts an allergy sensitization where the person has mild to severe allergic reactions whenever they encounter what they are allergic to.

Some of the most common signs of an allergic reaction are:

• Running nose
• Itchy skin and eyes
• Difficulty breathing
• Coughing and sneezing

Toxic mold can also cause hypersensitivity pneumonitis. This condition’s symptoms are similar to pneumonia, but it is not treatable with the same antibiotics. Do note that while hypersensitivity pneumonitis affects adults more than it affects children, children can get it, and it can be even more dangerous to them. It is therefore important to talk to a doctor as soon as your child starts showing symptoms like a high body temperature, coughing and sneezing.

Asthma Development

Mold spores can worsen asthma symptoms, but studies have shown they can lead to its development. The studies that showed this were conducted in homes that were not repaired and thus more likely to have mold. In such homes, children developed asthmatic symptoms, and their symptoms were more severe than those of other children who developed asthma outside this controlled environment.

In addition, the symptoms of the asthmatic children went away as soon as they were moved to new homes or their homes repaired.

Neurological Symptoms

Many studies have shown the effects of different types of mold on cognitive development. The fungus Stachybotrys chartarum has been studied a lot, so we understand its effects the best. This fungus releases mycotoxins that damage or kill neurons in the brain, causing cognitive and neurological issues.

Some effects of such impairment include lower IQ, irritability, mood swings, and other nervous disorders.

Can You Sue for Toxic Mold?

Yes, you can sue for toxic mold. Before doing so, though, you need to know who to sue. The obvious party is the landlord responsible for ensuring all their properties are habitable. You can sue them for health issues and property damage, although most people seek compensation for property damage through their insurance provider.

You can also sue the previous homeowner for toxic mold. Homeowners can do this if the previous homeowner knew of the presence of mold in the home or of conditions that could lead to it and failed to disclose it to you as you bought it.

You can also sue contractors, architects, engineers, and other parties who did not follow code and proper procedures when building the home. For example, they may have installed walls or plumbing incorrectly and caused a slow leak that led to mold over time.

Lastly, you can also sue a company hired to remove mold. If they told you they did but did not and your child falls sick, you are within your right to seek compensation.

Mold might seem like a minor issue or annoyance at first, but it can be a serious issue that causes long-term damage. It can cause severe health issues in children and also property damage. You have the right to sue to hold the party responsible for taking care of mold.

You can talk to our attorney at the Law Office of William J. Luse, Inc to discuss your toxic mold exposure and injuries.

Visit our offices at 917 Broadway St, Myrtle Beach, SC 29577 to talk directly to our attorneys and discuss your case.

Or call us now for a free consultation at (843) 839-4795.

Toxic mold is a term used to describe certain types of mold that produce hazardous substances called mycotoxins. These can grow in damp or humid environments and can be found both indoors and outdoors. Mycotoxins can pose a significant health risk to individuals who are exposed to them. In this article, we will delve into the characteristics of toxic mold, explore why it is dangerous, and look at ways to treat and prevent it.

Understanding Toxic Mold

Toxic mold refers to several species of mold that can be dangerous to people. The list includes Stachybotrys chartarum (also known as black mold), Aspergillus, Penicillium, and Fusarium. These molds release mycotoxins into the air as microscopic spores, which can be inhaled or, if there is food around that it can contaminate, eaten by people. These molds thrive in places where there is excessive moisture and lots of organic material to feed on. They can also grow on various surfaces, including drywall, wood, carpeting, and insulation. Toxic mold is often characterized by its musty odor and a dark green, gray, or black appearance. If not caught early, it can spread rapidly, especially in areas with poor ventilation or water damage.

Legal Implications

Property owners have a responsibility to maintain a safe environment for their tenants or occupants, so the presence of toxic mold in residential or commercial properties can lead to legal complications, including lawsuits, and is therefore a potential liability for the property owner. Victims of exposure may seek legal action to pursue compensation for medical expenses, property damage, lost wages, and pain and suffering.

To establish a legal claim, a person has to provide evidence of the presence of toxic mold, its source, and the resulting health effects. This often requires professional mold inspections and testing, as well as documentation of any physical symptoms or medical diagnoses.

Health Risks Associated with Toxic Mold

Exposure to toxic mold can harm people in a number of ways, with the most common problems being related to respiratory issues. The inhalation of spores can cause coughing, wheezing, and shortness of breath, and people with allergies or asthma are particularly vulnerable to these symptoms. Prolonged exposure to toxic mold may also lead to more severe respiratory conditions, such as bronchitis or fungal infections in the lungs.

In addition to respiratory problems, toxic mold exposure can affect other bodily systems. Some people may experience allergic reactions, including skin rashes, itching, and watery eyes, while those who are more sensitive to mycotoxins can also suffer from mild to severe neurological effects, resulting in headaches, dizziness, memory loss, and difficulty concentrating. Individuals with weakened immune systems, like the elderly or those with underlying health conditions, may be at an increased risk of developing severe health issues due to exposure to mycotoxins.

Public Health Impact

In addition to the health risks faced by individuals, toxic mold can also have broader public health implications. In cases where contamination occurs in shared spaces such as schools, offices, or public buildings, the health and well-being of a larger population can be at stake. Exposure to toxic mold in public settings can result in widespread health concerns, affecting students, employees, visitors, and other occupants. The impact can be particularly significant for vulnerable populations, such as children, the elderly, and individuals with pre-existing health conditions. That is why public health agencies and authorities have a responsibility to address and mitigate the risks associated with toxic mold.

Property Value and Financial Impact

Prospective buyers or tenants may be put off from purchasing or renting a property that is known to have a history of contamination, meaning it can have a direct effect on the ability to sell or rent a property. Because of the potential health risks associated with toxic mold, as well as the potential costs associated with remediation and ongoing prevention measures, financial institutions and insurance companies may also be reluctant to provide mortgages or insurance coverage for properties with a history of mold problems. Lenders and insurers need to be concerned about potential liabilities and the risk of future claims. This can make it challenging for property owners to secure financing or obtain affordable insurance coverage, further impacting the property’s appeal and viability.

Preventing Mold

Preventing toxic mold growth is crucial for maintaining a healthy living or working environment. It is essential to control moisture levels in buildings by promptly fixing any leaks, improving ventilation, and addressing water damage or flooding before mold can take hold. Regularly inspecting and maintaining plumbing, roofs, and HVAC systems can help identify and resolve moisture issues before they become a problem. Controlling indoor humidity is also important, so try to use dehumidifiers in areas prone to excess moisture, such as basements and bathrooms, as this can help reduce humidity levels. Ensuring proper airflow and ventilation throughout the building can go a long way to prevent the accumulation of moisture and condensation.

Remedies for Mold Growth in Your Home

If toxic mold is discovered in your home, there are a few things you can do to help clear up the issue. First and foremost, it is important to make use of professional mold removal services to safely remove and clean the affected areas. These professionals have the necessary expertise and equipment to handle the removal effectively. During the removal process, the affected areas should be closed off to prevent the spread of mold spores.  Proper airflow also helps to dry out damp areas and reduce moisture levels, creating an environment that is less favorable for mold growth. Any mold-infested materials should also be removed, and the area must be thoroughly cleaned and treated to eliminate any remaining spores in the area.

Toxic mold poses a significant health risk to individuals exposed to it. That is why understanding the dangers of toxic mold is essential for both property owners and people residing or working in affected spaces. If you believe you have been exposed to toxic mold, consult a medical professional for diagnosis.

Consider seeking legal advice from our offices at 917 Broadway St, Myrtle Beach, SC 29577.

Call us for a free consultation at (843) 839-4795, so we can protect your rights and help you seek compensation for damages.

The Law Office of William J. Luse, Inc. Accident & Injury Lawyers has filed two lawsuits alleging that Horry County Schools did not adequately protect teachers and students from exposure to toxic mold. One of the suits is on behalf of a teacher, and the other is on behalf of an elementary school student.

The teacher worked at three separate schools between 2016 and 2019, where she experienced symptoms of mold exposure. She reported the mold issues to maintenance staff and the principal of St. James Elementary. The lawsuit alleges that the district neglected to make the necessary fixes to protect its classrooms.

More information about the suits is available from WMBF News:

• Lawsuit: Former Horry County teacher became sick due to exposure to ‘toxic mold’ at school
• Lawsuit alleges St. James Elementary student sickened by exposure to mold