South Florida Personal Injury Attorney

South Florida Toxic Mold Lawyer, Florida Toxic Mold Attorneys

South Florida toxic mold lawyer David I. Fuchs has over 17 years of experience in successfully representing victims of exposure to toxic mold, their families and friends who have sustained and suffered serious health problems because of the negligence of another party.

Mold is a kind of fungus that feeds on moisture and grows anyplace where it is damp or where there is decaying matter. Mold is also commonly known as Mildew. Mold by itself is not toxic, but it can become poisonous when it develops toxins, usually mycotoxins, and this is when it becomes toxic mold. Mold is a fungus that is found everywhere, in all parts of the world, is characterized by green, blue, or black patches around your home or workplace. Mold is found in the air indoors as well as outdoors. The airborne mold spores can come into homes through windows and doorways. They can also enter homes through ventilation systems, air conditioning ducts, heating systems, or any kind of system that involves intake of outdoor air.

Some of the signs of toxic mold around your home or workplace include:

• Stains on the ceilings and walls are a very common sign that indicates the presence of mold. These stains are usually blue, black, or green in color.
• If your home has a musty odor, or a lingering scent of urine, which cannot be explained, then it could be due to mold.
• Having allergies that refuse to go away despite treatment can be a sign of mold. Toxic Mold contains allergens that are known to cause allergies in people and also various other illnesses.
• Brown, orange, or green spots and specks are also a sign of mold infestation, especially around tiles and plumbing grouts.

There are also certain ways of handling and treating toxic mold once it has been identified, and early action is vital in order to avoid possible harm from the mold. Some of the steps that you should take include:

• Locate the mold: If you see any signs of mold in your home, toxic mold or otherwise, it is necessary to locate all the areas where any type of mold may be present. Places where mold is most likely to grow are wet basements, attics where there is a problem of a leaky roof, ceilings and walls due to leaky pipes, moist carpeting, behind and on wallpaper, and all kinds of wood products.
• Contain the mold: Once you have located the areas where mold grows, you need to contain the growth of toxic mold and stop it from spreading to unaffected areas. Mold needs moisture to grow, so you should try and stop its supply of moisture. Fix all leaky pipes and taps and ensure that there is no seepage of water behind your walls or in bathrooms.
• Kill and remove the mold: Toxic mold is a living organism and has to be killed to be destroyed. Spraying and fogging with mold destroying sprays is a good way to kill mold. Once the mold is destroyed, you have to remove the dead mold as even that can cause health problems. The area from where the mold is removed should be thoroughly dried and all supplies used to clean the toxic mold should be discarded.

Dealing with toxic mold problems can be difficult, and some people do not know enough about toxic mold to know whether they have been affected by this problem. However, this mold can affect your health and your environment, and in many cases can lead to legal recourse, so it is advisable to find out as much as possible.

Mold is found almost every place on earth and has been a problem since ancient times. In recent years, mold has become more of a problem, not because it has become more widespread but because awareness and knowledge about mold has increased.

There are more than 100,000 types and species of mold, some of which are harmless, and some, which can cause serious health problems. The most common categories of mold, which can be detrimental to your health, are:

• Allergenic Molds: These types of molds contain allergens, which can cause allergies in humans. People, who have asthmatic problems, and also those with weak immune systems, can be susceptible to allergies due to allergenic molds.

• Pathogenic Molds: Such types of mold can cause severe health problems in people who are undergoing chemotherapy, people who have HIV, and those who have weak immune systems. It is best to get pathogenic molds removed from your house by a professional, and not try to do it on your own.

• Toxic Molds: Molds which produce harmful toxins are known as toxic molds. Toxic molds are very rare and are known to cause grave health problems, including death in rare circumstances. If toxic mold is present in your home, you should get it removed by a professional as soon as possible. The two main types of toxic mold are:

1) Stachybotrys: This type of mold is more popularly known as the black mold. It is a contaminant, which is found on wet cellulose type materials, and causes harmful effects to health of people and animals. One strain of stachybotrys is known to produce a poisonous toxin that is fatal to animals, whereas another type is known to be fatal to infants by causing bleeding lungs. Stachybotrys is also responsible for many other adverse health reactions in humans. This type of mold often grows at the back of walls and under ceilings, and is usually difficult to spot because of its hidden growth and also as it is not easily discovered by regular air sampling. Thus, stachybotrys has immense potential for harm to health as it goes unnoticed and can thus keep producing lethal toxins without being discovered.

2) Memnoniella: This type of mold is another contaminant, which is mostly found along with Stachybotrys on wet cellulose type materials such as paper, cotton, and wood products. Some types of memnoniella mold develop toxins which are very much like those formed by stachybotrys and can be equally harmful to health of humans and animals.

• Common Indoor Molds: Of the many different types of molds that are found in homes, the following are the most common ones:

1) Alternaria: This type of mold is not just commonly found in homes in the US, but is the most common type of contaminant found across the globe. It is also found on plants and soil, and is a type of allergenic mold. Alternaria causes allergies, and if inhaled by people, could result in hay fever, asthmatic reactions, and other allergies.

2) Mucor: This type of mold is found in soil and animal droppings, but is also commonly present in household dust. Mucor can cause lung infections in people who have weak immune systems.

3) Penicillium: This type of mold is found in the soil, in food, indoors dust, and decaying food materials. The mold that forms on bread is an example of penicillium. It is an allergenic mold, which can cause allergies in people, but certain species are also known to be toxic in nature.

4) Aspergillius: This is an allergen and can cause hay fever, asthmatic reactions, and lung infections. It usually does not affect people with strong immune systems, but it does produce some harmful toxins that can even be fatal for those with weak or compromised immune systems.

What is Black Mold?

There are many types of mold commonly found in homes, such as penicillium, alternaria, mucor etc. These are responsible for many health problems in animals and humans. Another type of mold, which is not as commonly found as the above types, is stachybotrys chartarum, or as is more popularly referred to – Black Mold.

Stachybotrys chartarum is a contaminant, which produces harmful toxins that can be very dangerous for humans. It is seen as a black color infestation on wet cellulose containing materials, and thus the name black mold. Black mold can be found in any part of your home or office, as building materials such as wood, paper, fiberboard, cotton products etc are very conducive to the growth of black mold.

Formation of Black Mold

Black mold forms very easily in damp and wet conditions; especially on materials and products containing wet cellulose and that are low in nitrogen. The black mold produces a kind of toxin known as mycotoxin, which is very harmful to health. In certain cases, if inhaled for long periods, the harmful mycotoxins in black mold can even cause the death of an individual.

The mycotoxins, which are produced by black mold, are released into the air once the mold dries. These harmful toxins are carried through the heating, air-conditioning, and ventilation systems, and are spread all over a home or office, and are thus inhaled by people and animals. These toxins can cause severe health problems in animals and in humans. If inhaled by infants, black mold toxins can cause lung bleeding and result in the death of infants.

Detection of Black Mold

Most types of mold have a very recognizable smell, much like that of urine. Due to such a distinctive smell, most molds are easy to detect. But black mold is not very easy to detect and often keeps growing behind walls and under ceilings without being disturbed, as people are usually unaware of its presence.

If you have stained ceilings, walls, leaky faucets, or have unusual allergic reactions, then your home may have a mold problem, and it could turn out to be Toxic Black Mold.

Removal of Black Mold

If you have any black mold growing in your home, then you should get it removed and the infested area cleaned as soon as possible. Black mold spores can be very dangerous to health, and thus you should get the black mold removed by professional mold removers and cleaners.

Black mold, and the negative health effects that it has, has lead to a lot of laws being enacted to protect people who may have been exposed to black mold. If you are a tenant, then it is the legal responsibility of your landlord to ensure that your premises are free from black mold. Similarly, if you have purchased a home that is infected by black mold, and you have suffered illness due to it, then you may be entitled to legal damages.

Mold, in your home, can be a very ugly sight and can ruin upholstery, clothing, and furniture. There are certain types of mold that produce toxins, which are known as toxic mold. The toxins produced by toxic mold can cause a lot of diseases, in animals and in humans. These illnesses can range from something as slight as a common cold, but in some cases, could even result in death.

Here are some of the illnesses which are related to toxic mold, and which people can suffer from if exposed to toxic mold.

• Allergic Reactions: Most types of mold are known to cause allergies in humans, so also toxic mold. People who have weaker immune systems, or those who are prone to allergies because of their genetic makeup, can suffer badly from exposure to toxic mold. Allergies could result in hay fever, runny nose, breathing problems, and also sinusitis. Some people could develop skin diseases and skin rashes as an allergic reaction to toxic mold. The symptoms can range from mild and infrequent, to severe and chronic. Statistics show that a large percentage of Americans suffer from allergy related rhinitis, sinusitis, asthma, skin problems, and other allergic diseases, most of which can be caused by toxic mold.

• Pathogenic Infections: Some types of toxic mold are pathogenic in nature and contain illness producing pathogens. Toxic mold types such as aspergillus, fumigatus, histoplasma, etc are known pathogens in toxic mold, which can cause sever infections in people who are vulnerable to such pathogens. Although such toxic mold usually grows in plants and soil, it does find its way into homes due to animals or via open doors and windows, and thus can infect people.

• Mold Smell Illnesses: Mold has a very musty and distinctive odor. Some people can recognize the smell of mold more easily than others. The odor of toxic mold is not only unpleasant, but can also cause illnesses such as headaches, vomiting, nausea, blocked noses, and asthmatic symptoms in people exposed to toxic mold odors.

• Toxic Illnesses: Toxic mold produces mycotoxins, which are poisonous substances that can affect the entire body of humans. Mycotoxins can be inhaled by people through the air, ingested through food, and can also come in contact with skin, resulting in many illnesses. Different molds produce different mycotoxins, which also depends on what king of material the toxic mold is growing on. The most common illnesses that are caused due to exposure to mycotoxins are:

1) Respiratory Illnesses: Mycotoxins in toxic mold can affect the lungs and result in a host of respiratory problems. These include difficulty in breathing, stuffy noses, and are even known to cause bleeding in the lungs, which can lead to death.

2) Digestive Tract Illnesses: Toxic mold can cause liver diseases such as fibrosis and necrosis. It can also cause vomiting, diarrhea, and can even result in internal bleeding in the intestines.

3) Reproductive Illnesses: Exposure to toxic mold can cause people to become infertile and can also negatively affect the entire reproductive and hormonal cycle in people.

• Highly Serious Illnesses: Toxic mold can also be responsible for a number of very serious and life-threatening illnesses, if exposure to toxic mold is continuous and prolonged. These illnesses include:

- Cancer

- Tuberculosis

- Lupus

- Sudden Infant Death Syndrome (SIDS)

- Chronic Fatigue Disorder

- Fibromyalgia

- Epstein-Barr

Mold contamination has become an increasing problem in homes, offices, and other indoor places across the United States. Mold can cause a lot of health problems to people who are exposed to it, and in severe cases, exposure to mold spores can even be fatal. Due to this growing concern, many different laws have been passed, which protect the rights of people in case of mold contamination. Here are some of the legal aspects of mold contamination.

• Landlord and Tenant: The landlord has a responsibility to ensure proper living conditions for his tenants, which includes having premises free from any kind of mold contamination. If you are a tenant, and have discovered any mold in your rented premises, then it is the duty of the landlord to get the mold removed and pay for any such removal. Landlords, who fail to make their property free from mold contamination, can be sued by their tenants.

As a tenant, if you have suffered from any illness due to mold contamination in your rented apartment, then you can sue the landlord for compensation and damage. The first thing that you need to do is to provide evidence of mold contamination. A report from a home inspector, which affirms the presence of mold in your home, can be sufficient proof of mold contamination. You also need to get the air quality tested to determine if there are elevated and harmful levels of mold spores in your rented premises.

Under the law, it is not the duty of the landlord to provide or pay for such proof, or to get the premises tested for any signs of mold contamination. The burden of providing such proof lies with the tenant. But if there is in fact any mold contamination found, and the landlord has been proved guilty of neglecting his responsibilities, then a tenant can recover any expenses relating to gathering of the proof, as well as any other damages that may arise due to mold contamination.

• Home Buyers and Sellers: As a home buyer, you have the right to know if the home that you intend to buy, has any problems with mold contamination. If mold contamination was present but had been taken care of, then the seller need not disclose this fact, but if there is any present mold contamination in the house, then the seller is required to make this fact known to any prospective home buyer.

As a new home buyer, if you have noticed any signs of mold contamination in your new home, and this was not disclosed to you by the seller, then you have legal rights under mold contamination laws. You can sue the seller for non-disclosure and also for any damages and compensation that may arise due to the mold contamination or any illnesses because of it.

• Employers and Employees: It is the duty of employers to see that the workplace is fit for employees to work in, and this includes ensuring proper indoor air quality. If the air quality at the workplace has been compromised due to any mold contamination, then employees are entitled to recover damages for any illnesses suffered by them. The employer also has a legal responsibility to remove all signs of mold contamination from the workplace.

Damages Due to Mold Contamination

If you have suffered from any disease due to mold contamination at your workplace, in a rented apartment, or in your new home, then you may be entitled to receive the following damages:

• Medical expenses incurred on illnesses due to mold contamination. Future expenses can also be claimed as damages.
• Pain, anguish, and suffering.
• Damages for loss of wages as a result of mold illnesses.
• Loss of earning capacity.
• Damages due to loss of companionship, comfort, financial losses etc in case of death due to illness caused by mold contamination. Such damages can be recovered by survivors of the deceased.
• Damages for destruction of property due to mold contamination.
• Punitive damages.

South Florida toxic mold lawyer David I. Fuchs will also represent you in other matters for injuries that include, but are not limited to:

I) Injuries requiring surgery, sutures, staples

2) Traumatic Brain Injury, including those caused by oxygen deprivation

3) Severe burns resulting in significant and permanent scarring

4) Mental anguish and emotional distress, death

5) Those injuries caused by a collision with a driver that is drunk, impaired or otherwise under the influence of narcotics or drugs.

After exposure to a toxic mold it is imperative to seek immediate medical treatment. It is then important to seek legal counsel to protect your legal rights by calling Florida toxic mold lawyer David I. Fuchs who will take your call and speak with you immediately about your toxic mold case. Florida toxic mold lawyer David I. Fuchs will then stand ready to fight for you to see that you get compensation for your pain and suffering, any lost wages and medical bills. 

Call South Florida toxic mold attorney David I. Fuchs Toll Free at 800-570-2858 for a free consultation to discuss your  toxic mold exposure case. You may also write to South Florida toxic mold attorney David I. Fuchs by filling out the form on the "Contact Us" page."

If you can not come to us South Florida toxic mold lawyer David I. Fuchs will send a representative to see you. We speak English and Spanish. Se habla ingles y espanol. 

Llame David Fuchs Florida abogado de molde tóxico.