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Microscopic photo/picture of Mucor mold taken during mold sample analysis by mold expert.

Mucor mold under a microscope taken during mold sample analysis.

Stachybotrys toxic mold growing on and in drywall.

Stachybotrys toxic mold
growing on and in drywall.
[from Case Western Reserve U.]

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The issues surrounding mold can be taken care of with some education and preventative measures. Fear is in the unknown...

Third Party Liability:
Collecting from Others for Mold Damage


Sometimes, you can seek and collect damages and compensation from third parties for mold property damage and mold health damage. Several such sources of third-party compensation include:

  1. Homeowner's insurance coverage or comparable insurance coverage on other types of buildings [e.g., rental properties, offices, stores, etc.]. Read your insurance policy coverage carefully. Even if your policy appears to exclude mold as a covered risk, you can usually collect if you can prove that the mold damage is a direct result of an insured peril such as a sudden water pipe break, flood, or fire. You usually need to determine a specific date that the insured peril/event happened to be successful in collecting on your homeowner's insurance policy. If you try to represent yourself in collecting from an insurance company, you will usually do poorly.

Instead, let your Certified Mold Contractor, a public insurance adjuster [represents only you to collect from an insurance company], and/or your present attorney or an insurance-oriented or personal-injury attorney specialist help you collect for mold damage from your insurance company.

YOUR FIRST STEP: Hire a Certified Mold Inspector to have your own mold inspection, mold investigation, and mold testing to prove that you have a mold problem and the cause of that mold problem. If you are successful in collecting from your insurance company, you can usually be reimbursed by the insurance company for your payment of your own mold testing, mold investigation, and mold inspection expenditure.

When an insurance company sends out a testing service, the goal of that testing service is NOT to find mold and to do the fewest number of test locations in the most unlikely places to find hidden mold [e.g., their failure to test mold inside walls, mold above ceilings, mold below floors, mold inside hvac ducts, mold in the attic, mold in crawl spaces, and mold in basement].

For information on the new 2002 mold insurance policies in the State of Texas, please visit the Texas Mold Insurance page.

  1. Landlord Liability. If your landlord has failed to provide you with habitable housing by allowing a serious mold problem to jeopardize your health and your personal possessions, and by not fully, completely, and safely removing the mold contamination after your written complaint about the mold problem [by certified U.S. mail with return receipt], you may have a legal mold claim against the landlord for injury to your health and personal possessions. If you are living in a mold-contaminated rental unit which the landlord refuses to properly and fully correct, you should seek the legal assistance of a mold attorney or any lawyer who specializes in landlord-tenant law, or personal injury type of matters. Effective January 1, 2001, California landlords have an obligation to disclose mold problems in rental units to prospective tenants. Soon other states will have a similar mold disclosure law.

Because the first thing your prospective attorney will ask you for is laboratory results from mold testing you have paid to have done in your rental housing, YOUR FIRST STEP is to hire a Certified Mold Inspector to have your own mold inspection, mold investigation, and mold testing to prove that you have a mold problem and the cause of that mold problem. If you are successful in collecting from your landlord, you can usually be reimbursed by your landlord for your payment of your own mold testing, mold investigation, and mold inspection expenditure.

  1. Seller Liability. If you have RECENTLY purchased a home or other real estate building that already has an existing mold problem, you may be able to rescind your purchase agreement and/or obtain compensatory damages from the real estate seller to remove mold completely and safely from your home, and for compensation for replacing mold contaminated personal possessions, and for medical testing and treatment for you and your family members exposed to the mold problem. Effective January 1, 2001, California landlords have an obligation to disclose mold problems in rental units to prospective tenants. Soon other states will have a similar mold disclosure law.

Because the first thing your prospective attorney will ask you for is laboratory results from mold testing you have paid to have done in your newly-purchased home or other property, YOUR FIRST STEP is to hire a Certified Mold Inspector to have your own mold inspection, mold investigation, and mold testing to prove that you have a mold problem and the cause of that mold problem. If you are successful in collecting from the real estate seller, you can usually be reimbursed by the real estate seller for your payment of your own mold testing, mold investigation and mold inspection expenditure.

from Austin American Statesman, January 27, 2002

Do-It-Best-Yourself Mold Solutions

Phil can help you fix your own property’s mold problems at low-cost, more safely, and better-in- results than what is done by many mold inspectors and mold contractors.  How can Phil help you?

     1. Read Phil’s five plain-English,
mold advice books to master mold inspection, testing, removal, remediation, and prevention for your house, condo, apartment, office,  or workplace.

     2. Buy do-it-yourself, affordable mold test kits, mold lab analysis, video inspection scope, mold cleaner, and mold killer, for the  successful toxic and household mold inspection, mold testing, mold species identification and quantification, mold cleaning, mold removal, and mold remediation to find mold, kill mold, clean mold, and remove mold from your residence or commercial building.

     3. Get FREE mold advice, mold help, and/or answers to your mold questions, by emailing mold expert Phillip Fry at
phil@moldinspector.com. You can also email pictures of your mold problems in jpeg file format as email attachments.

 Be trained and certified as a Certified Mold Inspector, Certified Mold Remediator, and/or Certified Environmental Hygienist.

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