Let Us Count the Ways: Top Reasons Property Owners Are Sued for Mold Growth
While most commercial policies will not handle mold insurance claims, many business policies will protect companies from frivolous lawsuits. In fact, liability insurance protects business owners from being deemed personally responsible, but the definition of protection and responsibility are dependent on your specific policy and insurer. Despite your coverage, there are likely going to be people that sue you over mold damages if they occur, and it wise to be prepared for the various lawsuits you may be exposed to.
1. Toxic Mold
There have been instances where tenants take a landlord to court over a toxic mold claim. Toxic mold is more commonly referred to as black mold, though not every black mold is toxic. Typically, these cases will attempt to demonstrate that the owner, you, had knowledge of the mold problem and did nothing, and as a result, the tenant became ill. It is worth noting that these cases are hard to prove in court because it is difficult to pinpoint specific ailments to mold exposure.
While mold insurance claims are limited for property owners, tenants may still sue over mold damage because the property is the owner’s responsibility, meaning that the owner is liable, or responsible, for any damage to the structure of the building. While this is often true, there are instances where tenant neglect may negate owner responsibility.
3. Breach of Contract
While breach of contract may sound outrageous, a landlord and a tenant have certain expectations as to the care and maintenance of the building. When signing a rental agreement, it is often understood that the property owner will maintain the property. Therefore, a failure to maintain the property may result in a tenant suing.
4. Lack of Timely Mitigation
Also, when problems arise, tenants expect property owners to handle the situation in a timely manner. Therefore, failure to hire a mold remediation specialist in the Ontarioville, IL, area may result in lawsuits as well.
While mold insurance claims may be limited, lawsuits are never in short supply. Therefore, protect yourself by being aware of common suits and by being proactive when it comes to mold prevention.