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Mold!

The following is an article written by Barry Carothers, Esq. Barry has practiced in the area of personal injury for over 12 years and joined Scott/Harris In 2002.

  Mold. It seems it has been around forever in South Florida homes. I can remember finding the green dust on boxes stored in the back of a closet in the home I grew up in and on the bread we kept on the counter. I also remember seeing black mold in the shower on the caulk between the tub and the tiles. I never thought it was a big deal then, and unless you live under a rock, you may have noticed that mold in our homes and offices has become a big topic of conversation. I have heard people say it is because we just recently have discovered how dangerous certain strains of mold can be, others have told me that mold is worse today because homes and offices have become more airtight and “efficient” providing mold an opportunity to grow and pollute the air which is constantly re-circulated and inhaled. Others have told me there is nothing to it, it is just the latest scare, like shark attacks were two years ago.

  It is known that molds produce tiny spores to reproduce which then drift through the air continually. If they land on a damp spot indoors, like the cardboard box in the back of the closet, or the grout by the tub, they can begin growing by digesting the material they have had the fortune of landing on. Different types of molds can eat wood, paper, carpet, foods and the like. The more moisture, the more likely mold will grow. There appears to be no practical way to eliminate all mold and mold spores in the indoor environment unless you can eliminate moisture in your home. In South Florida eliminating moisture is not easy to do. So if mold likes water, and the more the better, what happens if your house is down right wet from, say, a roof leak, an overflowing toilet, or a pipe that burst in the walls? Unless taken care of immediately, you could be in for trouble.

  Have you ever heard of stachybotrys? It, apparently, is a type of mold that can kill. It is so potent that in 1994 it was linked to the deaths of ten infants in Ohio. Dr. Dorr Dearborn, a pediatric pulmonary specialist in Cleveland, discovered the relationship between the infants illness and the mold after a rash of bleeding lung cases followed Ohio's spring floods in 1994. While stachybotrys is potent, and black, most black molds are not stachybotrys. Stachybotrys grows only on wood and paper products, and fortunately can be found in only about 2 to 5 percent of American homes.

  Apparently recognizing the potential health risk to an unsuspecting buyer, in 2001 the California State Assembly passed the Mold Disclosure Act of 2001, requiring landlords and sellers of both residential and commercial property to disclose the existence of mold to potential tenants and buyers. There is no similar legislation here in Florida that I am aware of, however because of case law which requires a seller to reveal latent defects in a home, as a practical matter it would be required, in my opinion, for any homeowner or real estate agent representing a seller, to notify a potential buyer of any prior mold problems and prudent to do so where the home sustained water related damage whether mold was or was not a known problem. With that information, a potential buyer could choose to perform inspections to determine if the water damage repairs were performed correctly and if mold is a concern. At a minimum, full disclosure would reduce the risk of liability to the seller and the agent in the event mold was later discovered in the home and the buyers developed health problems as a result.

  The following is a rule of thumb guide for a homeowner to consider about reducing the risk of mold after sustaining water damage:

  When the home sustains any kind of water damage (overflowing washing machine, dish washer, toilet, leak in the roof or shower pan, burst hot water tank or pipes, etc.), you must dry out the area no later than 36 hours after the problem began. After that, mold will begin to grow. This can be accomplished as follows:

  1. If the volume of water is small, you may not need professional help. Shut the power off at the breaker for any areas affected by the water. Consider hiring a professional if you are unable or unsure how to do so safely. You do not want to electrocute yourself trying to save a couple of dollars. Take care to mop up all water and dry the area. Consider running the homes’ air conditioner cooler than normal and placing a fan in the area. Check for any signs of moisture and be careful about appliances, like the dishwasher, that will have water under and behind them. You should, if possible, pull these appliances out when you are drying the area. Again, consider hiring a professional if you are unable or unsure how to do so safely.

  2. If the volume of water is greater, or if you are worried about moving appliances and electrocution, call a water extraction professional to do the job. The yellow pages will have several listed under “Water”. These companies will know how to dry the affected areas and should also provide assistance in making an insurance claim for you if required. Obviously choose a company that is properly licensed and insured.

  3. If your house is severely flooded, or if a leak has been sitting for more than 36 hours, call your insurance carrier immediately. They should contact an approved water extraction company and mold certified contractor, if necessary, to perform all water extraction and mold remediation.