Water Damage Leading To Toxic Mold Contamination
Water Damage Leading To Toxic Mold Contamination
Overview
Structural integrity is a vital part of any residential or commercial structure, essential for keeping out the elements. Any leaking water can develop into structural damage, leaving it weakened and vulnerable to toxic mold contamination.
Mold growth and contamination in a structure should be addressed quickly to prevent further damage. Water damage leading to toxic mold contamination degrades indoor air quality.
Left unchecked, toxic mold also leads to health problems for occupants, turns the property uninhabitable, and decreases property value.
Understanding Water Damage and Mold Growth
Before seeking legal help for toxic mold exposure, it’s important to understand how it can happen in your home or commercial building.
What Causes Water Damage?
The most common sources of water intrusion include:
- Plumbing leaks
- Roof failures
- Poor construction
- Flooding
- Appliance leaks
- Sewage leaks
- Defective workmanship that fails to prevent water intrusion
How Water Damage Leads to Toxic Mold Contamination
Airborne mold spores live both inside and outside your home. A dry atmosphere prevents them from developing into toxic mold.
Even a small amount of moisture from humidity or a water leak, combined with warm temperatures and a food source, provides an optimal environment for mold to proliferate. Mold feeds on organic and other substances such as:
Cellulose-containing materials:
o Wood
o Paper
o Cardboard
o Cotton
o Other natural fibers
Surfaces coated with organic materials such as:
o Dust
o Food particles
o Dead skin cells
o Grease and oils
Carpet fibers:
Other porous materials such as:
o Drywall
o Particle board
o Some types of fabric
o Insulation
Once mold spores land on a food source in a damp atmosphere, colonies can sprout in as little as 24 hours. With something to feed on, these colonies grow and spread quickly, damaging and degrading the structure and causing occupant illness.
Health Risks of Toxic Mold Exposure
Mold can lead to a myriad of health problems for anyone living or working inside an infested structure, including the potential for long-term health consequences.
Common symptoms include:
- Respiratory issues—wheezing, difficulty breathing, especially for those with asthma or other related illnesses
- Allergy symptoms—sneezing, coughing, congestion, itchy or watery eyes
- Neurological effects—brain fog, difficulty concentrating, mood changes, etc.
- Skin irritation
- Chronic fatigue
- Tingling and/or numbness
- Other chronic illnesses such as lung infections, digestive issues, and tingling or numbness
High-risk groups, including children, the elderly, and immunocompromised individual,s are particularly susceptible to health problems from toxic mold exposure.
Your Legal Rights in West Virginia
If your West Virginia home has toxic mold contamination from water damage, you do have legal rights.
While West Virginia does not have laws for testing, remediation, or disclosure of mold governing owner-occupied homes, homeowners have a responsibility to maintain their property. This includes handling and removing both water and mold damage. There are also no specific statutes unless mold-related defects result in injury and can be tied to gross negligence or specific warranty violations.
Sellers also have no requirement to disclose mold to a buyer. West Virginia is a “buyer beware” state, and most properties are sold “as-is.” Buyers have a responsibility to conduct their due diligence before purchasing a home, including specialized inspections specifically for mold and possible mold development.
Defective Workmanship That Leads To Toxic Mold Contamination
Even though property owners have a responsibility to keep their premises maintained and in good repair, unknown defective workmanship can make that difficult.
Defective workmanship can allow water intrusion that causes damage and subsequently leads to mold contamination, such as:
- Roofing
- Poorly installed or damaged shingles, flashing, or underlayment
- Windows & Doors
- Improper flashing
- Gaps between frame and wall
- Lack of sealing
- Building Envelope
- Incorrect installation of siding, stucco, or bricks
- Errors in overlapping or terminating building paper or weather barriers
- Decks & Balconies
- Deck or balcony sloped toward the building
- Faulty or poorly installed waterproofing membranes
- Plumbing & Drainage
- Plumbing leaks or improperly connected pipes
- Improper grading or poor site drainage that leads water toward the building
- Foundation/Subsurface
- Foundation cracks due to poor workmanship or materials
- Missing or poorly applied waterproofing on foundation walls
- Sealants & Caulking
- Failed or deteriorated caulking around doors, windows, joints, and seams
Addressing these issues during construction or renovations can prevent significant water damage, mold development, and subsequent costly repairs.
Legal Implications
Although West Virginia doesn’t have specific laws addressing mold contamination, it does have laws for all types of defective construction, which includes water damage leading to toxic mold contamination.
Under Chapter 21, Article 11A, Section 5 of West Virginia’s Code, the property owner must contact the contractor, subcontractor, or other entity 90 days before filing a lawsuit and offer them the opportunity to “cure” the defect. The contractor has 30 days to respond in writing, offering:
- An onsite inspection
- A financial settlement without an inspection
- A dispute over the claim
The owner is not required to accept an offer.
In West Virginia, the statute of limitations is 10 years for a written contract and five years for an oral contract.
When to Seek Legal Help for Toxic Mold Exposure
If you’re not getting the results you need, but instead experience:
- Unresponsiveness from builders, subcontractors, or others responsible
- Persistent property damage or chronic health issues
- Denial of insurance claims
Seek professional legal assistance for your defective workmanship claim from a Charleston law firm with experience in these kinds of claims. The Love Law firm is experienced in a variety of defective workmanship cases, including water damage and subsequent mold contamination.
Defective Workmanship Cases We Handle
- Handling claims against negligent contractors and builders
- Representing homeowners impacted by water damage leading to toxic mold contamination
Our Approach
- Investigation and documentation of water damage and mold contamination
- Coordination with environmental and medical experts
- Negotiation with insurance companies and other at-fault parties
Frequently Asked Questions (FAQ) for Homeowners
Chances are, you’ve not had to deal with a problem like this before, but we have. Here are some of the most commonly asked questions regarding water damage leading to toxic mold contamination.
How quickly can toxic mold develop after water damage?
- Mold can start to grow within 24-48 hours of water exposure, especially in warm and humid conditions. It’s important to address water damage immediately and quickly to prevent mold growth and remove anything that may have already developed. The longer you wait, the more severe the damage you’ll have.
What are common signs of water damage and mold contamination?
- Visible stains or discoloration on walls and ceilings
- Musty or “earthy” odors
- Peeling paint or wallpaper
- Persistent allergy-like symptoms (sneezing, coughing, headaches)
- Warped flooring or bubbling surfaces
Is toxic mold dangerous to my family’s health?
- Yes, toxic mold exposure can lead to respiratory issues, skin irritation, allergies, and other serious health problems, especially for young children, the elderly, or anyone with a weakened immune system.
What should I do if I suspect water damage or mold in my home?
- Quickly document the damage with photos and notes for insurance, legal, and other purposes.
- Immediately address and repair the source of water intrusion.
- Dry out the affected area thoroughly.
- Consult mold remediation professionals for inspection and safe removal.
Am I responsible for repairing water damage and mold if I own my home?
- As a homeowner, you are generally responsible for the repair and maintenance of your property. However, if defective workmanship by a contractor or builder is responsible for mold and water damage, you may have legal recourse.
What if a contractor’s poor work led to water damage and mold?
- You may be eligible to pursue compensation if defective workmanship resulted in water damage leading to toxic mold contamination. Legal help can assist in filing claims against the at-fault party.
Can my homeowner’s insurance cover mold damage?
- Some homeowner’s insurance policies cover mold removal if it was caused by a sudden and accidental event, such as a burst pipe. Damage resulting from ongoing leaks or neglect may not be covered. Check your policy for specific terms.
When should I seek legal help for toxic mold exposure?
- If you are dealing with significant property damage, health concerns, unresponsive contractors or landlords, or denied insurance claims, it is wise to consult a law firm experienced in handling toxic mold cases.
What documentation is needed for a mold-related legal claim?
Begin by gathering evidence, including:
- Photos and videos of the damage
- Inspection and remediation reports
- Medical records in case health issues arise
- Correspondence with contractors, builders, or insurance companies
What steps should I take if my insurance claim is denied?
- Review your policy’s coverage details and reasons for denial.
- Gather supporting documentation.
- Consult a qualified attorney to review your options and potentially dispute the denial.
Remediation of water damage leading to toxic mold contamination is a process that takes time to complete. When negligence is a root cause of this damage, your next step is to seek legal help for toxic mold exposure.
Need Help? Contact The Love Law Firm Today
Whether a home or commercial structure, toxic mold contamination must be addressed and removed immediately to prevent additional damage, determine any legal risks, and avoid impacting the health of occupants.
The Love Law Firm is ready to help and offer a free consultation for cases of water damage leading to toxic mold contamination. Contact us today to schedule your consultation to discuss your case and how we can help.
Phone:
(304) 344-5683
