We’ve all heard the horror stories: rampant mold growth jeapordizes the health of building occupants and destroys the value of a home. When people suffer such staggering losses to their health and finances they all have the same question – who, other than myself, can I hold accountable for this catastrophe? We live in a society free of personal responsibility and if there is a problem to be had then there is always someone else to blame. So who can you take to court to recoup your losses when mold strikes?
Your Home Inspector: The home inspector should be held accountable for your mold crisis. When you purchased your home, the home inspector neglected to tell you the excessive mold growth lurking in unseen places. It was the inspector’s carelessness that cost you your new home, therefore he must pay, right? Wrong. Home inspectors are not required to report on any mold growth they may discover while inspecting a home. It supposedly falls outside the scope of a home inspection. It’s in their fine print. Sorry, this blame won’t stick.
Your Insurance Company: After your home flooded in a recent hurricane, the insurance company took their time before sending an adjuster and paying for repairs. Now because they took their sweet time and allowed the water to stagnate, mold is now growing out of control. It’s the insurance company’s fault that you have mold, so get your lawyer on the phone right away – right? Not so fast. Most insurance companies specifically do not cover mold. They may cover water intrusion, but not the mold that results from it, even if it is partly their fault for not assessing the damage fast enough. Other times, the language in your policy just isn’t clear. In this case, you’ll have to hire an army of lawyers to compete against your insurance company’s defense team. Don’t hold your breath. Insurance companies have more money than you to spend on litigation, and they do not like to lose.
It seems our search for a scapegoat is off to a rocky start. But don’t give up! If you point the finger of blame long enough you’ll surely find a guilty party that will be forced to compensate you for your losses. Check back for part 2 of this series on “Who to Sue” and you could end up being the next Ballard or Gorman.
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