Lowell Steiger's Los Angeles Law Blog: Toxic Mold

July 20, 2009

Is Your Home a Former Drug Lab? What Can You Do?

Earlier today I read an article in the New York Times about a family that, unbeknownst to them, purchased and moved into a home which was formerly a methamphetamine lab. So? They moved in five years ago, what’s the big deal?

The big deal is, as it turns out, that these houses are contaminated by the meth. The contamination can permeate drywall, carpets, insulation and air ducts. And? Well, this contamination can cause respiratory ailments and other health problems.

The case in point is described in the NYT article Illnesses Afflict Homes With a Criminal Past which describes the Rhonda and Jason Holt family’s ordeal. The Holts moved into a former meth lab in 2005 and began experiencing mysterious illnesses.

    Their three babies were “ghostlike and listless” with breathing problems that required respirators, trips to the ER and, for one child, the maximum steroid dose that a toddle can take. Mr. Holt experienced kidney problems.

    The solution: Costly remediation which can top 10's of thousands of dollars.

See Meth-Contaminated Home Slide Show

    I am currently handling a matter wherein my clients bought a foreclosure property which had previously been used to cultivate marijuana. The humidity required to cultivate the marijuana caused severe mold problems throughout the house and, of course, the mold problems have caused health problems for my client.

What can you do?

    In California, disclosure laws are such that person or entity (i.e., bank) selling or renting the property must advise you that the house you’re about to purchase was used as a drug lab under the following circumstances:

    In the event that toxic contamination by an illegal controlled substance has occurred on a property and upon receipt of a notice from the Dept. of Toxic Substances Control (DTSC) or other agency—or if the seller has actual knowledge of the toxic contamination—the seller must disclose this information to the buyer by checking item II.C.1 of the TDS form and attaching the DTSC notice, if there is one.

    In the case of rental property, the landlord must give a prospective tenant written notice of the toxic contamination. Providing the tenant with a copy of the DTSC notice will suffice if there is such a notice.

    Therefore, if you find yourself in a situation where your property is contaminated by an illegal controlled substance and you were not given notice of the contamination, you may have a cause of action for, among other things, Fraud, Failure to Disclose Material Facts, Breach of Contract, Intentional Misrepresentation and/or Negligence and may be entitled to recover for your property damage as well as any physical or emotional injury that you and your family may have suffered. Who may be responsible? Who can you sue? The seller, real estate broker, real estate agency, title insurance company, inspectors and the list of responsible parties goes on and on.

Toxic Mold Symptoms Affecting Your Family and You

Do You or Your Family Have Symptoms of Toxic Mold?

Our homes are our sanctuaries, our safe place in this hectic world. What if your home is sick with toxic mold? Do you suspect that your house or apartment is sick with mold? If you, your children, spouse or housemates experiencing unexplained symptoms such as

Memory Loss, Anxiety, Personality Disorders, Mood Swings
Sore Throat, Shortness of Breath, Nosebleeds, Cough
Abdominal Pain
Hair Loss,Skin Rashes
Fatigue
Numbness or Pain in Extremities (arms, legs)
Headaches
Rectal Bleeding
Tremors
Fibromyalgia

your living space may be infected with toxic mold.

View Graphic Photos of Toxic Mold, Victims and Repair

Who is Responsible For Toxic Mold in Your Home?

Who may be responsible for toxic mold in your home? Is there someone whose action, or lack of action, is the legal cause of your current mold-related health problems? They may have insurance that will compensate you and your family, housemates, etc. for the potentially life-altering and lifelong injuries that you have sustained. Here is a short list of possible parties who may be responsible for either the mold in your home OR for not discovering and/or disclosing the fact that there is mold in your home:

Builder
Developer
Architect
Subcontractors
Remediation Consultants
Homeowners Association
Landlord
Property Managers
Real Estate Agent or Broker
Inspectors
Former Owner
Sewer Repair

Our experienced litigation attorneys will analyze your situation from a legal perspective and advise you as to whether or not you have a toxic mold case and are entitled to compensation.

Please Follow me on Twitter

http://twitter.com/steigerlaw

If you, or someone you know, might be affected by Toxic Mold, please call me immediately at

(323) 852-1100 or send an e-mail to me at [email protected]

"Treated With the Respect That You Deserve"

Posted by Lowell Steiger at 12:26 PM in Consumer Law, General Knowledge, Mold Litigation, Toxic Mold, Work Related Injuries | Permalink | Comments (6) | TrackBack (0)