Personal Injury Lawsuit Types For Toxic Mold On Private Properties
Moving into a new home is a stressful and meticulous process. Before even moving in physically, you have to pour over numerous listings to make sure that the new place you’ll be making your home has everything you need both aesthetically and structurally. After going through the entire process and getting the go ahead to move in, you finally find yourself settled into your new home. Only to find yourself breathing abnormally and exhibiting several respiratory illness symptoms. After a process of elimination, you deduce that this is caused by toxic mold in the home. A mold that you were not made aware of before moving in. The symptoms’ effects begin to wreak havoc on your personal and professional life causing both physical and financial damages. By this time, the best thing for you to do is to make a damage claim against the construction company who built the home. There are 3 lawsuit types you can bring against them with the help of a personal injury lawyer:
Negligence: In this lawsuit you must prove that the building company owed the plaintiff a duty to keep the house free of mold and failed to do so. You must also prove that you were injured by the mold through examinations by a medical provider that will show this. A negligence lawsuit in this case is relatively difficult to prove due to the difficulty of making a direct link between the negligent construction and the presence of the mold.
Breach of contract: In this, you would argue that the repairs or construction performed left the building vulnerable to mold, thus breaching the work contract. Unlike a negligence claim, you can’t claim pain and suffering compensation in a Contract Breach claim. Rather compensation will be limited to out of pocket losses or lost value. This is easier to prove than a negligence claim, but you can stand to gain more from a negligence claim compared to a contract breach claim because these damages can be included in it.
Breach of warranty: In the same manner that you would be reimbursed for electronics under a warranty, you can also make a claim under a breach of warranty. Not too different from the Breach of Contract lawsuit, this lawsuit argues that the builder’s work did not meet the standards required of an implied warranty, an express warranty, or a state law creating a warranty. Implied refers to the notion that a house must be fit for habitation before selling it. Express refers to any document guaranteeing that the home is free of defects before selling. A state’s warranty laws, if applicable, are also meant to guarantee that a home is free of defects before selling.
Contact a personal injury lawyer at Eric Roy Law today for help!