Ed McMahon filed the first memorable celebrity mold lawsuit back in 2002, claiming that faulty work to clean and repair his home after a pipe burst resulted in toxic mold that made him and his wife sick and killed their dog. He asked for $20 million in damages and settled the claim the following year for just over $7 million.
Other celebrities have sued their insurance companies, home inspectors, contractors and tradesmen over the years related to mold issues including Erin Brockavich, Lou Ferrigno, Michael Jordan, and Bianca Jagger. A few months ago, there were rumours that mold contributed to the deaths of Brittany Murphy and Simon Monjack, after they both died weeks apart and were found to have had similar pneumonia type symptoms.
Now, Rachael Ray and her lawyer husband John Cusimano have filed a lawsuit against two home inspection companies for failing to discover that the Southampton home they purchased in 2007 had water damage and mold growth. Rachel has suffered with respiratory problems repeatedly and feels that the mold either caused or at least exacerbated these symptoms, which impacted her effectiveness on camera and in front of her audience. Rachael and her husband have moved into her apartment in New York City until the situation is resolved.
Are home inspectors liable for positively identifying mold?
According to leading trade associations for the home inspection industry, NO!
The International Association of Certified Home Inspectors document "International Standards of Practice for Inspecting Residential Properties", reads as follows:
3. Limitations, Exceptions & Exclusions
3.2. Exclusions:
I. The inspectors are not required to determine:
J. the presence of mold, mildew or fungus.
K. the presence of air-borne hazards.
Likewise, the American Society of Home Inspectors document "Standards of Practice" states:
13.2 General exclusions:
A.Inspectors are not required to determine:
11.the presence of potentially hazardous plants or animals including, but not limited to wood destroying organisms or diseases harmful to humans including molds or mold-like substances.
12.the presence of any environmental hazards including, but not limited to toxins, carcinogens, noise, and contaminants in soil, water, and air.
Although many home inspectors do offer mold investigation and mold testing services, this is an additional area of expertise that requires specific training and often separate liability insurance coverage.
Your best bet when buying a home is to have an independent comprehensive home inspection in conjunction with a mold inspection. These two professionals working together can minimize your potential for buying a home with water damage and mold growth.
Air Matters LLC has performed mold testing services in the Raleigh NC area since 2002. The owner, Renee D. Ward, has over 22 years of safety and environmental experience and holds both her Bachelors and Masters degrees in engineering. Renee is also a member of the American Industrial Hygiene Association and the American Indoor Air Quality Council. You may contact Air Matters at (919) 961-2221 or info@AirMattersMoldTesting.com.
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