When an individual or community is injured by a harmful or deadly substance, they have the right to sue whomever caused the exposure. An example would be the recent high- profile cases involving lawsuits filed by homeowners against the builders and manufacturers of homes built with defective drywall whose chemicals caused injuries to the homeowners. These cases are complicated, and can involve expensive and time-consuming investigations and difficulty proving how the toxic substance caused health problems for the persons exposed. As a result, it can be quite difficult for California tenants, homeowners, employees, and building occupants to try to recover money for personal injuries caused by exposure to substances such as toxic mold.
Proving causation in a California mold injury claim
In mold claims in California a person must prove causation in two steps. First, a person must show that mold exposure can cause a physical illness. Second, a person must show that the exposure did cause their particular illness. A recent California case demonstrates just how important it is to make a causal link between illness and exposure when suing to recover money for personal injuries.
Consider the case of Dee v. PCS Property Management
In the case of Dee v. PCS Property Management, Darcee Dee lived in an apartment for slightly over four months. She sued her landlord and the property management company for physical injuries from being exposed to toxic mold. The experts in the case argued that Dee’s exposure to mold caused her symptoms, but did not present any evidence that she was exposed to the harmful toxin at her apartment. In the end, Dee’s claims were rejected by a jury and she got nothing.
It is clear that bringing or defending a mold claim in California requires the testimony of experts that show or rebut a causal connection. It you are in either situation you need a legal team that understands the complexity of mold lawsuits in California. The attorneys at SAN DIEGO LAW FIRM™ can help with this unique type of claim. Please call us at (619) 794-0243.