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Ex-residents Settle Black Mold Lawsuit


Brad Dicken | The Chronicle-Telegram

 

ELYRIA — Former tenants of the now-razed Aqua Marine Resort have settled a lawsuit against the resort’s former owners over black mold at the complex that they said caused respiratory problems in their 2-year-old twins in 2004.

Dennis O’Toole, the attorney representing the parents of the now 5-year-old boy and girl, said he couldn’t discuss the details of the settlement because of a confidentiality agreement that was part of the settlement.

He did say the couple and children will receive a cash payment that must still be approved by county Probate Court.

“They’re pleased with the settlement,” O’Toole said.

Maharishi Ayurvedic University, the spiritual group that once owned the 53-acre complex, which has since been torn down to make way for an apartment and condominium complex, and its attorneys could not be reached for comment on Tuesday.

In the lawsuit filed in November 2004, Mark Eilerman and Shelly McElwayne claimed that the black mold caused the respiratory problems that sent their daughter to the hospital in May 2004, just a few weeks after they moved in. Their son also suffered problems, although not as severe, O’Toole said.

The family hasn’t lived at the complex in years because it was torn down.

“The children seem to have recovered very well from their respiratory infections,” O’Toole said Tuesday.

 

 

Toxic Mold Inspection: Management Agencies and Landlords Can Limit Their Liability

 

Skeptics of toxic mold have no further to look than the rising tide of litigation that landlords and property managers have faced in recent years. And if landlords have not been paying attention, you can be sure that insurance companies have been, because coverage for toxic mold litigation has dropped substantially.

With all of that being said, it’s not the end of world if you’re a property owner, because management agencies and landlords can limit their liability by testing rental properties with the occasional toxic mold inspection. Here are a few tips for limiting liability:

Method 1: Don’t Buy Properties with High Mold

First and foremost, check the public records for any past instances or problems with mold contamination, moisture infiltration, or mold remediation. Insist on receiving signed mold disclosures (which can be obtained through your realtor), and make sure they’re filled in completely.

If there has been any mold remediation in the property, be sure to obtain an airtight warranty from the remediation company, or you may consider opting out of the sales contract at that time. Do a visual inspection beneath floor coverings, behind walls, above ceiling panels, etc., and if you don’t like what you see, well… remember that it’s a buyer’s market.

Method 2: Preventative Renovation & Construction

Whether you’re the investor or the contractor, make sure that you use high-quality materials when renovating the investment property. Cheap plumbing valves that later leak, for example, can cause a host of mold problems.

Make sure that doors, roofs, and windows are all tightly sealed, both for energy efficiency and to prevent water infiltration. You might also consider sealing basement foundations with water barriers/sealants.

Keep a close eye on all construction work for high moisture levels, as they can indicate future problems. Also, examine new plumbing and HVAC systems, as they prove to be common sources of indoor water leaks. This is, as you can imagine, far cheaper and easier to do BEFORE the walls go up!

Both contractors and investors would be wise to review their insurance policies, to be sure they cover mold-related claims. Regardless of whether you are actually at fault, you still have to pay to defend yourself, unless you have an insurance policy to cover mold claims and defense costs.

Method 3: Aggressively Attack Mold if Found

If you’re a landlord or property management agency and discover mold, it may not be too late to limit your liability and avoid litigation. If your toxic mold inspection comes back positive, immediately hire a certified mold remediation company, and seal any water leaks or infiltration. The average handyman is not sufficient if you have a serious mold problem, so don’t try to pinch pennies on an uncertified contractor.

Moisture is the enemy, so even if no mold has appeared in the mold inspection, you’ll still want to prevent mold growth by stopping any leaks and being aware of any water entering the property. You can apply products such as biocides or disinfectants, but be aware that they may cause their own health risks to tenants.

Make sure that your lease agreement contains language requiring tenants to immediately notify the landlord or management agency of any mold development or water incursion, so that you can pursue the problem before it becomes a liability.

Investing in prevention is, as with everything else, far cheaper when it comes to toxic mold inspections and prevention than the alternative of defending against litigation. Periodic inspections to determine mold or moisture problems help you prevent problems before they even arise.

Method 4: Selling Your Home

When you sell your home, be sure to comply with all local laws regarding toxic mold inspections and disclosures. This may mean paying for an inspection, and offering buyers copies of the testing results, among other things, but better to lose a buyer and still comply with the law than to have a lawsuit come back to haunt you a year down the line.

Molds feed on cellulose-rich materials, like drywall, wood, insulation, and carpet to name just a few. Paradoxically, the more energy-efficient your building is, the more hospitable it is to molds. Preferring temperatures in the 40-75 degree Fahrenheit range, molds emit spores to reproduce and spread, which are transported by ducts and ventilation shafts to reach every room in a home or building. Be aware of mold, through periodic testing and mold inspections, and you can save yourself thousands of unnecessary dollars in litigation and remediation costs. And a final word to the wise: mold inspections are a business expense, and can thus be deducted from your taxes.

 

 

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A Home Inspection for Mold,

And the Relevance of One

 

A home inspection for mold can be one of the best decisions you can ever make. These inspections can identify mold problems and contamination before they can affect the health of you and your family. Many times a new home buyer or current owner may consider having a home inspection for mold done, only to be cheap and not want to pay the cost when there are no visible problems with the home. This can be a big mistake, one that can be fatal or seriously harm the health of those you love. A mold inspection can identify hidden problems which may not be visible to you.

A home mold inspection is a very relevant subject, because of the risks and dangers involved with toxic molds. These molds produce mycotoxins, which can cause humans to become sick or suffer more serious problems. Exposure to toxic mold, even in small doses, can cause serious issues for anyone who is sensitive to the mycotoxins or molds present in the home. Molds can be visible or invisible, and many toxic molds stay hidden out of the sunlight, so you may not even notice any mold growth. The first clue you may have is when your family becomes ill or suffers from severe allergy symptoms. Sensitivity to molds and mycotoxins in humans can vary widely, with some humans showing no effects from moderate exposure and others having severe or even life threatening health problems with just a small exposure.

One of the most deadly and dangerous toxic molds is Stachybotrys, a mold which is slimy and black. This type of mold only appears after long periods where water damage or other damp and moist conditions exist on cellulose materials. This includes drywall, sheetboard, and many other building materials. Many times a leak in the roof or water dripping and leaking from a pipe can take place inside the walls, where the damage is not visible and goes unnoticed over an extended period of time. Stachybotrys mold grows slowly, and the contamination may not be noticed for months or even years. The mold dries out and becomes airborne in your home, causing health conditions, symptoms, and diseases in you and your family. A home mold inspection can prevent these issues, because a home mold inspector who has experience inspecting homes like yours can spot hidden signs that there is mold contamination present in your home. Stachybotrys is only one of several toxic molds that can endanger your health and well being.

No home should ever be purchased without having a home mold inspection done. This step is crucial to ensuring that the home is safe for you and your family to occupy, without any hidden health or financial risks. Severe mold contamination can cause life threatening conditions in people who are sensitive, or who have a weakened or immature immune system. Symptoms can include allergy symptoms like a runny or stuffy nose, a chronic cough, aches in your body, dizziness, fatigue, a headache, nausea, vomiting, diarrhea, hives and skin rashes, infections on the skin and in the lungs, fungus balls that need surgical removal, organ damage, organ failure, and even a coma and death.

A home mold inspection can also save you from extreme financial difficulties. If you purchase a home and then discover that the home has extensive mold contamination, professional mold remediation may need to be done. This step can be extremely costly, sometimes in the tens of thousands of dollars or more, and as the owner you will be the one left holding the bill for all this work, even if the mold contamination has been present in the home for years and you just purchased it last week. A home mold inspection is a very relevant requirement before any purchase deal is made, to ensure that you do not face financial ruin due to unseen mold problems in the home.

A home mold inspection will protect your health, the health and safety of your children and other family members and loved ones, and your finances. Not having one of these inspections done may end up being the worst and most costly decision you have ever made. This inspection not only identifies any mold contamination in the home, but also any weak areas of the home that may contribute to future mold problems as well. A traditional home inspection is not intended to identify mold contamination unless there are visible signs of mold, but a home mold inspection will do this very effectively.

Mold: Toxic or Not? The Misleading Terminology of ‘Toxic Mold’

 

Fungal growths called mold can grow in nearly any damp or moist place. Varying degrees and species of mold are found worldwide and manifest in black, green or blue growths both inside buildings and outside. Outdoors, the spores thrive in moist areas such as rotting trees, fallen leaves, or wet grass. In the home or office mold can enter via cracks, windows, or air ducts. Mold spores can also attach themselves to animal hair, shoes and clothing. Once indoors, mold grows in areas such as refrigerators, dank basements, trash cans, beds, etc. Decaying substances as well as moister allow this mold to grow and spread. Most dangerous is the mold one cannot see, that which grows within walls on plasterboard or wood where water damage has caused moisture to wreak havoc.

So is this mold toxic or not? Is there cause for alarm when mold is discovered, especially within the walls of a home? Mold in and of itself is not toxic but can become such when toxins develop, hence the phrase ‘toxic mold’. Many misconstrue the term ‘toxic mold’ into meaning various molds themselves are toxic. In reality, the byproduct produced by the mold, called mycotoxins, is what is dangerously toxic. If household mold begins to produce toxins, then the term ‘toxic mold’ can be used. When emitted into the air these mycotoxins can be hazardous to one’s health, possibly causing various disabling illnesses. Airborne mold spores are inhaled and attach themselves to moist places such as the sinuses, brain matter, and in the stomach.

Once attached to these areas of the body, several maladies can occur. Memory loss, dizziness, acid reflux, excessive bruising as well as allergies are possible results from toxic mold inhalation. Most people exposed to mold eventually recover from their illnesses, yet if eyesight, balance or memory are affected, symptoms will not improve. Exposure to dangerous strains of mold such as Stachybotrys chartarum or Chaetomium could cause severe disabilities such as cancer, lupus or fibromyalgia, loss of eyesight, bleeding lungs, etc. Sadly, once exposed, it is extremely difficult to determine to what extent the damage is, until too late. Because of this, it is very important that if mold is suspected, exposure is kept at a bare minimum and it is taken care of properly.

The burning question remains: how does one determine if mold is toxic or not? When inspecting a home or other indoor area, look for black, blue or green stains, especially in areas that are not well ventilated and are frequently moist or damp. It is not necessary for moisture to be at a high concentrated level, however. Simple humidity from air conditioning or shower condensation can be enough for mold to grow. Therefore carefully view all tile grout areas and plumbing seals to locate possible stains. The smell of urine or a dank odor that cannot be located can possibly be a sign of mold. If stains are not located, it is possible the growths are within walls or in areas such as a laundry room or basement, or in between furniture which is not moved often. Persistent allergies that, with treatment, will not subside, can be signs of toxic mold.

Regardless if mold found in a household is deemed ‘toxic’, all molds can be harmful. Toxic Mold is the cause of roughly 25 million Americans’ allergies, unbeknownst to them. Non-toxic mold can cause allergies in those susceptible to reactions, yet toxic mold is dangerous to all who come in contact with it. It is therefore imperative that mold be taken care of as soon as it is spotted, before the spores can release into the air, becoming toxic. As stated before, inspect areas that are prone to moisture: basements, leaky roofs, laundry rooms, bathrooms, wet carpet, etc. Containing the mold is the next important step, even before it is tested for toxicity. Stop the spread of mold by ending the supply of moisture to the mold. Repair and patch all dripping holes, pipes or walls that feel moist or spongy to the touch. Once contained, the toxic mold must be eliminated. Spray or fog the area with a mold-killing agent then remove the dead mold, as it too can be a health risk. The area must be completely rid of the mold and then dried properly and all cleaning supplies: sponges, towels, rags, should be thrown away as well.

Whether mold is toxic or not therefore is not the issue. Determining whether mold is present, and how to dispose of it when discovered is the key issue. Mold can become toxic once spores are released into the air, so finding and eradicating the mold is imperative.