Wessler & Wasserman provides specialized legal assistance to clients with toxic mold problems.  Indoor air contaminated with mold can cause personal Injuries and property damage. These often result in legal problems.

We have experience with and knowledge about the medical, testing, remediation and cost issues that come from a mold contamination problem. We understand the range of possible medical harms caused by mold (keeping abreast of the most current medical evidence about mold and health), appropriate methods of testing for mold (mycology testing), how to decontaminate a living space of mold (remediation), and how to make responsible third parties, whether they are landlords, builders, contractors, home sellers, real estate brokers, home inspectors or insurance companies (who to sue), pay for the costs of mold remediation and other damages arising out of negligence or contract violations (Heath and property damage).

It can be difficult to know what to do when faced with a mold problem. Do you even need a lawyer? Mold raises questions and problems even if you are healthy. If the mold is affecting your health, It becomes only more difficult to know what to do. We can help.

The Firm's experience In toxic mold litigation has grown out of its long-established history of representing children injured by exposure to lead paint, and tenants and home owners experiencing health code or construction problems with their apartments and homes. Although this site is designed primarily for people facing potential toxic mold litigation, the Firm provides representation in a wide array of areas involving personal injuries and tenant's rights.

Our law firm has the experience and knowledge to represent anyone who has been affected by toxic mold. This site is designed to provide some basic guidance for people facing mold problems, and we are happy to provide free initial assistance through a telephone consultation, email communication, or appointment. But please visit other areas of the site for additional Information to help you decide whether you need to talk to us.

John S. Wessler is one attorney. Sometimes that is all your case requires. Other times you may need a number of lawyers to provide assistance in any of numerous potential aspects of your case. The Firm works with other lawyers, physicians, mold testers, environmental companies and remediators as your case requires.  We will help you find the right people. Often they are local, but we have used experts from all parts of the country when appropriate.    But at all times John Wessler will be your attorney, and he does return phone calls.

While the firm will represent people in any area of the country with assistance from local counsel, our primary geographical areas of practice are the states of Massachusetts and New Hampshire, including the counties of, Essex, Middlesex, Bristol, Norfolk, Suffolk, Worchester, Rockingham County in New Hampshire, the entirety of eastern Massachusetts, and all of the surrounding areas, and the Merrimack Valley, stretching from Lowell to Lawrence to Haverhill to Newburyport.

Wessler & Wasserman
439 South Union Street, Suite 201
South Lawrence, MA 01843
Phone: (978) 689-3806
Fax: (978) 688-6946
E-mail

Toxic mold litigation has increased steadily over the past decade with over 10,000 cases filed in the US. Toxic mold can cause severe health problems, particularly for those with compromised immune systems, lung infections and diseases, asthma, allergies, and the elderly and infants. Some of these problems include infections, rashes, allergic reactions, and in rare cases, death.

If you believe you or a family member has been exposed to toxic mold in your home, at work, at school or elsewhere, contact an attorney in your area experienced in litigating toxic mold cases.

Types of Toxic Mold

Mold is pervasive and exists in both indoor and outdoor environments. Mold serves an important purpose in nature by helping to break down organic matter. Most types of mold are not toxic to humans. But there are a limited number of molds that release chemical toxins known as mycotoxins that can be dangerous to humans. The most common type of mold referred to as a toxic mold is Stachybotrys chartarum, but it isn't the only type of toxic mold. Others include Cladosporium, Penicillium, Aspergillus and Alternaria. These types of mold become harmful to humans when they come into direct contact with the skin, are inhaled or are ingested.

In order for mold spores to flourish, there must be three conditions present:

• Abundant moisture
• Food source
• Correct temperature range to encourage growth

Moisture is the main cause for growth of toxic mold in residential and commercial buildings. The moisture can come from a leaky pipe or roof, condensation accumulation from improper ventilation, or faulty central air or heating units, among other causes.

Health Effects

Not all people will have a reaction or suffer ill health effects from toxic mold exposure. Some people - such as those with asthma and lung ailments, children, and the elderly - can be particularly sensitive to toxic mold. But people of average health also can be affected by contact with one of the types of toxic mold.

Some of the health effects of exposure include:

• Allergic reactions
• Skin irritation and rashes
• Sore throats, runny noses, watery eyes
• Asthma
• Hypersensitivity pneumonitis
• Infection

In the most drastic situations, toxic mold may even lead to death.

Why the Increase in Toxic Mold Lawsuits?

Over the last decade, there has been a surge in toxic mold litigation. Why the increase? Experts generally point to three reasons:

• The focus on building energy efficient buildings has led to buildings that lock in moisture
• The use of building materials that are more susceptible to mold growth
• The boom in the construction industry has led to work being completed by less experienced contractors who may make errors that allow moisture to accumulate in structures

Types of Legal Claims

There are a number of legal claims that can be made in toxic mold cases. The potential group of liable parties will differ depending on the circumstances of the exposure, but may include:

• Insurance companies: The most common types of toxic mold actions are bad faith claims against insurance companies for failure to pay on a homeowner's insurance policy or for delay or obstruction of payment on a homeowner's policy. This action can be in tort or for breach of contract, depending on the jurisdiction the claim is brought in.
• Construction industry: Construction defect claims are the second most common type of claims. A homeowner or homeowner association may sue the architect, contractor, sub-contractor, developer, construction manager or others involved in building the home or business. Some potential claims against these parties may include breach of contract, breach of express and implied warranties of habitability and workmanship, among others.
• Landlords, property managers, property owners: If tenants of a leased commercial or residential property become ill due to toxic mold, they may file an action against the landlord, property manager, and/or property owner for breach of their duties to keep the property in good repair and maintain the indoor air quality.
• Home sellers, realtors: When home buyers purchase a house and later become ill from toxic mold, they may have a cause of action against the seller for failure to disclose mold in the sale of property. The realtor involved in the sale also may be liable for the failure to disclose.

Damages

The available damages for a toxic mold case will vary by jurisdiction and the type of action filed. Generally, some of the types of damages that a plaintiff may be able to recover include:

• Remediation and clean-up costs
• Inspection costs
• Relocation expenses
• Past and future medical expenses
• Loss of rent
• Contract damages
• Reconstruction costs
• Loss of use of property
• Business interruption
• Lost wages and impaired earning capacity

It is important to seek legal counsel to determine which of the damages may be available in your case. Your state's laws may limit your recovery or provide additional sources of relief.

Conclusion

Exposure to toxic mold can have ill health effects for the average person and severe consequences for those more susceptible to mold. It can damage your home and personal property and make commercial buildings unusable. Contact an attorney in your area to learn more about your options for recovering damages for toxic mold exposure. A lawyer knowledgeable of toxic mold cases and your state's laws can help you determine the best course of action to take.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Frequently Asked Questions about Toxic Mold

Q: Are there serious health effects from exposure to toxic mold?

A: Medical experts do not fully agree on the possible health effects of mold exposure. Most people will experience discomfort such as minor allergic reactions including: watering eyes, difficulty breathing and sinus congestion. A minority of people may experience severe health problems, such as a worsening of asthma, bleeding in the lungs and memory loss.

Q: Who is most susceptible to illness from mold exposure?

A: It is generally thought that persons who are most susceptible are those with immune suppression diseases, lung disease or illness, and serious allergies, and elderly persons and young children.