Mold Basics
April 23, 2003
The terms mold, mildew and fungus are synonymous. They are
found naturally both indoors and outdoors and are carried about by air currents,
objects or people and animals. Molds live in the soil, on plants, and on dead
or decaying matter. Outdoors, molds play a key role in the breakdown of leaves,
wood and other plant debris. Molds belong to the kingdom fungi, and unlike
plants, they lack chlorophyll and must survive by digesting organic materials.
Fungi have been described as “the garbagemen of nature.” Without molds, our
environment would be overwhelmed with large amounts of dead plant matter.
Three things needed for the development of fungi are:
fungal spores, a food source and water. Just as some plants produce seeds,
molds produce tiny spores to reproduce, which can be found in both indoor and
outdoor air, and settled on indoor and outdoor surfaces. When mold spores land
on a damp spot, they may immediately begin digesting that surface in order to
survive.
Mold is everywhere. It can grow on any organic substance,
as long as moisture and oxygen are present. Fungus has no chlorophyll and is
incapable of producing its own food; instead, it produces enzymes that break
down other matter upon which it thrives. Almost any object containing
carbon-based matter, including petroleum products, plastics, textiles and paint,
can act as mold’s food source. While mold provides benefits: it is used in the
baking of bread, fermenting of alcohol, production of cheese and production of
medicine, such as penicillin, it is also detrimental. Fungal spores can cause
allergic reactions in people as well as hypersensitivity reactions.
Molds to be wary of are the aspergillus, penicillium,
stachybotrys and acremonium varieties, which are water-loving; experts
generally agree that excessive growth of these types is
harmful.
Adverse Health and Economic Effects
Plaintiffs are suing building owners for mold
contamination, alleging injuries from respiratory problems, skin rashes and
headaches, to lung disease, cognitive memory loss and brain damage.
Although the causative role of fungi in individual cases of
respiratory allergy and asthma has been known since the 18th century, their
overall significance in respiratory health is still debated. Medical research
has shown a link between certain mold growths in buildings and human health.
Typical complaints related to mold exposure range from breathlessness, dry
cough, bronchial asthma, chest tightness, rashes, itching, eye irritation,
drowsiness, dizziness, to more serious effects such as hypersensivity
pneumonitis, brain damage and even cancer. It is difficult to prove that a
specific exposure caused symptoms because there are multiple contaminants
affecting the indoor air quality in most buildings, including tobacco smoke,
dust, dust mites, bacteria, carbon dioxide, radon, mineral fibers, asbestos and
carbon monoxide. However, one cannot ignore the potential health risks
associated with mold exposure.
Fungal-associated allergies have been the least studied of
all sick-building issues. Little data is available on the distribution of
air-blown fungal products, the dynamics of human exposure, the nature of
allergens and the nature of fungus-related allergic diseases. Very little has
been directed specifically toward indoor biological aerosols and providing an
accurate assessment of the risk to human health imposed by these aerosols. Much
research is needed on the risk posed by various bioaerosols and the synergistic
effects, if any, they may or may not have on other biological agents.
The scientific and medical literature contain differing
opinions regarding the potential health impacts of mold exposure. Many
plaintiffs in toxic mold cases say that exposure to mold has either made them
sick, caused them to lose their job or exacerbated pre-existing physical
conditions. Others allege that mold growth has damaged and destroyed their
property, causing them to move out, or damaged and destroyed their business,
causing them to have to sell the business. All cases present difficult issues
of proof as to causation and damages because there are no standards, either
scientifically accepted or governmentally mandated, for a safe level of exposure
to any type of mold.
Stachybotrys chartarum has generated considerable health
concerns, controversy and litigation. Stachybotrys produces a mycotoxin, a
fungal byproduct, which considered the strongest, naturally occurring toxin.
Stachybotrys grows in areas with high levels of moisture and thrives on paper
found on some drywall materials. It is not uncommon to find this organism
inside wall cavities where water has infiltrated and remained unchecked.
Stachybotrys chartarum spores are believed to produce common, allergy-like
symptoms and sensitivities in individuals. The most common of these are itchy
and irritated eyes, nasal discharge and congestion, and even more serious
symptoms such as bronchial asthma – similar to the symptoms of hay fever.
Although a wide variety of allergens also may be responsible for such symptoms,
mold allergies are not uncommon.
Concern that mycotoxins produced by stachybotrys chartarum
could be the cause of serious health problems in an indoor environment surfaced
in a study published by the Center for Disease Control (CDC) in the early 1990s;
however, a recent review of this data conducted by CDC found no clear link
between exposure to stachybotrys chartarum and serious health problems.
Sick Buildings
Claims for personal injury and property damage caused by
mold growing inside buildings are on the rise. These claims involve both
construction law and tort law. Some people view these mold claims as similar to
asbestos claims of 30 years ago, but one key difference between asbestos and
mold is that asbestos was introduced into a building by humans and can be
removed from a building. Mold naturally occurs everywhere, inside and out, and
once “removed” from a building can reappear.
It is impossible for the average commercial building to be
free of fungal spores. A fungus can live on practically anything; therefore the
focus on preventing fungal growth is the control of water. Mold will not grow
unless the moisture content is at least 25 percent. A wide variety of
humidity-causing conditions can facilitate indoor mold contamination, including:
-
water intrusion, often from defective construction or
faulty plumbing
-
a leaky roof
-
a burst pipe
-
reoccurring water penetration into the building
-
wet sheet rock, gypsum board, and other standard building
materials that are installed while still wet
-
building humidifiers
-
damp storage areas and crawl spaces
-
paints, coatings and lacquers applied to wood products
are alleged to cause mold growth when the wood is wet
-
improper “drying in” during construction
-
improper design, construction or maintenance of the
building envelope
-
improper design, construction or maintenance of the
heating, ventilation and air conditioning (HVAC) system
Whenever there is water intrusion into a building, mold
growth may occur. Merely removing the moldy material does not solve the
problem. If the water source is not identified and controlled, the mold will
return. In addition to “liquid” water that may occur in building materials,
indoor humidity above 50% can also foster the mold growth. HVAC systems must be
properly designed, installed, maintained and operated to reduce humidity levels,
particularly in hot and humid climates.
Uncontrolled water intrusion and mold growth in residences
or in commercial buildings may lead to various types of claims:
- property damage claims
- construction defect claims
- personal injury claims
- workers’ compensation claims
- “constructive eviction” claims
The Costs of Mold
Building owners, faced with costly solutions to these
problems, make claims against the designer and constructor using a variety of
legal theories. In addition, homeowners are filing suits against insurance
companies for mis-handling “mold” claims and are obtaining multi-million dollar
verdicts for compensatory and punitive damages. The increased public awareness
of mold-related issues has resulted in building occupants demanding compensation
for their illness and other economic damages. Tenants also seek recovery for
problems related to contaminated buildings, including:
In New York City, 290 tenants in an apartment complex sued
the building owner and property manager for mold-related personal injury and
property damages. (Although the suit originally demanded $12 billion in damages,
it was settled after eight weeks of trial for $1.5 million).
Twelve Los Angeles County workers have sued the county and
the owners of the building where they work alleging legionella bacteria and
other harmful contaminants are making the employees and other visitors ill. The
suit seeks compensatory and punitive damages as well as a permanent injunction
against the defendants to clean up the contamination.
The Delaware Supreme Court affirmed a $1 million award to
apartment residents who claimed they were injured by mold.
In Washington, a homeowner has sued the City of Vancouver
because her home was flooded with water when a storm water detention facility
failed due to poor construction and maintenance. The plaintiff claims the
city’s failure to clean her home properly after the flood allowed mold growth,
structural damage and property damages.
A Wisconsin court held that a city could be liable for
inverse condemnation as a result of mold and flooding damage causing the
building to have “no beneficial use.”
Conclusion
Mold is everywhere. It can grow on any organic substance,
as long as moisture and oxygen are present. Claims for personal injury and
property damage caused by mold growing inside buildings are on the rise.
Plaintiffs are suing building owners for mold contamination, alleging injuries
from respiratory problems, skin rashes and headaches, to lung disease, cognitive
memory loss and brain damage. Building owners are suing constructors,
architects, engineers, manufacturers and insurers for property damage, loss of
use and relocation damages due to mold. While the science remains unclear, the
potential risk of liability to defendants in the chain of construction is very
real. Will mold litigation become quantifiable and manageable as asbestos
litigation or will it disappear if science disproves the causal connection
between mold and health as it did in breast implant litigation? Only time will
tell.
For more information, Gregory J. Johansen, toll free, at
1-888-688-8500.