Toxic mold litigation varies as much as mold itself does. Defendants range between architects, construction companies, commercial and residential landlords, property managers, contractors, and insurance companies.
The biggest hurdle plaintiffs face is the lack of legislative guidelines. Furthermore, due to the many non-specific effects of exposure (the same reason that mycotoxin exposure is neglected or misdiagnosed by medical doctors owing to their likeness to flu and different illnesses), medical science runs into problems establishing a definitive causal link between mold exposure and the injury.
Expert testimony is contestable when scientific consensus is non-existent, so in the end, a lot rides on the personability and crediblity of the expert witness.
If you’re in California, you might want to give us a call and see about getting an assessment from Byebyemold.