Some call it the “the next asbestos,” while the others not in the world of litigation consider it a major health concern within their homes. Home owners have a right to be concerned, but one of the first questions scampering through their minds when they find out that their home has this problem is, “how did this happen?”

Before I touch on that question, let me first tell you that mold cultivating in your home should be a major health concern. Mold is a fungus that can grow and damage a building as a result of water leakage or dampness. In addition to damaging what it is growing on, it may spread and affect personal belongings. These spores can grow rapidly if conditions are correct. Excess moisture is the critical factor in any indoor mold problem. The key to preventing mold growth is to prevent moisture problems. Mold growth should not be tolerated in your homes.
According to the Minnesota Department of Health (MDH), health effects from exposure to mold can vary greatly depending on the person and the amount of mold in their home. The types of health symptoms that may occur include coughing, wheezing, nasal and throat conditions. People with asthma or allergies who are sensitive to mold may notice their asthma or allergy symptoms worsen. Individuals with severely weakened immune system who are exposed to moldy environments are at risk of developing serious fungal respiratory infections. MDH recommends that people consult a medical professional if they are concerned about the effects of a moldy environment on their health.

In determining health concerns, wide variety of molds and variations in human sensitivity are major factors in measuring the severity of these concerns. Medical science has progressed to the point that the following conclusions may be drawn.

Two mold-produced toxins, Aflatoxins and Ochratoxin A, are considered human carcinogens. However, other severe conditions some researchers link to mold such as bleeding from the lung or memory impairment, have not been substantiated scientifically. But it is well established that asthma attacks and hypersensitivity pneumonitis can be triggered by mold exposure. Milder allergic symptoms such as rhinitis, wheezing, shortness of breath, eye problems, dry cough, sore throat and rashes are common problems experienced by mold-sensitive persons. Particularly susceptible are those persons with preexisting respiratory problems, those with compromised immune systems, the elderly and the very young. Medical causation invariably is a hotly-contested issue in mold personal injury claims related to indoor air, because the dueling experts are well armed.

Mold personal injury and property damage claims share common causes of action. Negligence, breach of contract and breach of warranty causes of action may lie against contractors and building component distributors when construction defects trigger mold growth. Negligence, breach of warranty and strict liability claims may lie against building component manufacturers. Malpractice claims may lie against architects and engineers involved in construction planning. Intentional fraud, negligent misrepresentation and breach of contract claims may lie against building sellers. Additionally, statutory covenant of habitability claims may lie in favor of residential tenants against landlords, as well as premises liability claims against owners. As you can see, the list goes on and on, with a plethora of possible parties involved as defendants.

For those defendant parties facing litigation, do understand that there are some defenses to your cases. The first line of defense may include limitations and repose statutes. Prejudicial late notice may be raised as a defense to breach of warranty claims. In cases of mold creation due to flooding or other natural conditions, the act of God defense may apply. In cases involving residential landlord/tenant actions, the statutory tenant maintenance obligations defense may be raised. Products liability defendants may have available the unforeseeable product alteration defense, the statutory non-manufacturing seller defense, and the statutory rebuttable presumption against defects defense. Moreover third-party practice joinders and the “empty chair” cause are also viable defenses.

Property insurance is also another major concern for home owners. Policyholders with mold infestation may present claims to their property insurer to recover costs associated with remediating the contamination. This may include homeowners’ policies, business owners’ policies (including, as well, business interruption coverage), and homeowners’ association policies. These policies afford coverage for the insured’s property losses, subject to various policy exclusions, including the so-called “mold exclusion.” The policies must be scrutinized carefully inasmuch as policy language variations exist, because the insurance industry has sought to reduce its mold claim exposure.

Property damage, personal injury or insurance coverage cases involving mold are likely to grow. I heavily recommend to those who have suffered injuries due to toxic mold in their homes to seek medical assistance. Also, seek a competent attorney to understand your legal rights concerning this matter.

***DISCLAIMER: The content provided is not intended to be construed as legal advice. If you have any questions or concerns, based on your factual circumstances, please contact Richard Y. Cheng, Esq. with Pearson, Randall, Schumacher & LaBore, P.A. (612)767-7500 or rcheng@prslegal.com***

What is manganese? No, it’s not the tropical fruit you are thinking of, nor is it that little trinket that you use to hold up the Chinese fast food menu on your refrigerator. Manganese should not be confused with Magnesium, a mineral that is essential for human nutrition. Manganese is a metal and a necessary nutrient to humans in tiny amounts. When people are exposed to manganese at elevated levels, however, it can enter the bloodstream and present very toxic manganese dangers. Mostly presenting central nervous system effects, manganese dangers have been most often linked to welders exposed to the dangerous fumes at high levels for extended periods. This is called manganism.

Manganism has also been referred as “Parkinson’s Syndrome” because its symptoms closely resemble those of Parkinson’s disease, a devastating and fatal neurological illness. Manganism is also called welder’s-disease because of the high incidence in welders and those exposed to the fumes from welding rods. According to the NIH, “Occupational exposure to manganese for periods from 6 months to 2 years can result in manganism, a disease of the central nervous system characterized by psychogenic and neurological disorders with symptoms resembling Parkinson’s disease.” The NIH report also noted that prolonged manganese exposure had been connected to reduced white blood cell counts, sexual dysfunction and impotence. Moreover, high levels of manganese have shown to cause learning disabilities, coordination disabilities, behavioral changes, brain injury, and clumsy movements. Finally, The Occupational Safety and Health Administration (OSHA) has issued a paper connecting manganese poisoning to Parkinson’s-like manganism; asthenia, insomnia, mental confusion; metal fume fever, dry throat, coughing, tight chest; dyspnea, rales, flu-like fever; lower-back pain, vomiting, malaise and fatigue.

Although welders are at a greater risk of manganese poisoning than most, people who are regularly exposed to factories (e.g., coal or oil burning factories) that produce manganese metal are at risk for higher levels of manganese in their system. Manganese is also added to some gasoline, which could pose a threat to those living in urban areas (e.g., water source), working in garages or spending a lot of time in bus stops. By now, you are probably asking, “how do keep this dangerous substance away from me and my loved ones?” Well, keep in mind that manganese is only toxic at high levels. As a result, it may be helpful to do the following:

1. Test your water to determine the manganese level
2. Buy a water filter
3. Avoid congested area with exhaust fumes
4. Limit your exposure to coal or oil burning factories

In the end, I heavily recommend those of you who have regular exposure to this substance to seek medical assistance, to determine if you have been adversely affected. Also, seek a competent attorney to understand your legal rights concerning this matter.

For more information see: The Most Dangerous Toxin that Almost No One Knows About

***DISCLAIMER: The content provided is not intended to be construed as legal advice. If you have any questions or concerns, based on your factual circumstances, please contact Richard Y. Cheng, Esq. with Pearson, Randall, Schumacher & LaBore, P.A. (612)767-7500 or rcheng@prslegal.com***