Florida Toxic Mold Claims
Mold is a natural part of the environment. When located outdoors, it helps to break down debris, leaves, and dead trees. However, when mold is located indoors, you have a problem.
If you find mold in your home, you may be eligible to receive compensation for the damage done to your home. Contact us today and allow us to fight for you.
FL Property Damage Claims
Mold can grow on many surfaces, including wood, paper, carpet, foods, and even insulation. Mold can grow anywhere there is water or moisture. With mold growth comes property damage. Mold can weaken walls, ceiling tiles, and floors, which can affect the structural integrity of your home.
Depending on the severity, often times when mold grows on structural items, these structures need to be replaced. The cost to replace structural items can be expensive.
When mold has infested a central air conditioning system, a professional will have to remediate the mold. Many times, the entire system may need to be replaced. The cost can be astronomical since an HVAC contractor is charging for materials and their labor.
Mold claims have increased dramatically in recent years, so much so that the Florida Senate proposed three bills to regulate mold remediation. Although none of these bills left the Senate floor, it was recommended that the Legislature should develop standards to regulate mold removal.
Types of Liability
There are three types of liability found in mold cases:
- Negligence: negligence is defined as the failure of an ordinary person to use reasonable care in a situation. Often contractors may be sued for negligence in mold cases since they may have not done their due diligence (like not sealing around a bathtub properly), which can cause moisture to enter into the crevice between the bathtub and tile floor.
- Breach of Warranty: in Florida, there are strict rules governing construction defect claims concerning builders. Florida law (Fla. Stat. § 558.001) recommends that litigation be avoided and that disputes instead be resolved through settlement negotiations.
- Failure to Disclose: many states require owners to disclose any potential issues (in Florida, known as a Seller’s Property Disclosure). If the current owner fails to disclose a known problem, then the potential buyer could file a failure-to-disclose claim against them.
Insurance Claim Denials
Homeowners insurance will typically not cover mold claims unless it was due to a “named peril” in your home insurance policy. For instance, if mold was the result of water damage, such as a water heater exploding, then your policy will typically cover the claim.
Even if mold is identified as a “named peril” in your homeowners insurance policy, there are many circumstances in which insurance will still deny a mold damage claim. For example, if mold grew weeks after a water leak, then the insurance company may reject your claim citing that the mold grew due to you not cleaning up the water promptly.
Insurance may also deny a claim if they believe that the mold grew due to poor maintenance. A prime example would be if a homeowner had black mold growing in their basement. An insurance company could attest that the homeowner should have been aware of the humidity conditions and used a dehumidifier. However, black mold could potentially form even while using a dehumidifier. It is always best to consult an attorney to discuss your particular situation.
Attorneys at Law Serving Tampa, St. Petersburg, and Clearwater
When dealing with toxic mold, you need a law firm that has experience with collecting the best evidence to build the strongest case for you. Contact the Law Offices of Tragos, Sartes, & Tragos to schedule your free consultation. We will make sure that your voice is heard.