Mold claims once represented a known and manageable risk to property owners. Personal injuries from mold were difficult to prove and damages were generally limited to repair and replacement of damaged structures. However of late, toxic mold has become a tort du jour. There have been numerous large verdicts for plaintiffs in mold cases. People discovering mold in their home or at work are increasingly concerned that it poses a significant threat to safety. As a result the likelihood of a landowner encountering a claim for personal injury damages has grown.
Recently, the public has been exposed to a large amount of information about mold, much of it of questionable value. Internet websites purporting to educate the public about mold can make outlandish claims. One website informs us: "Did you know that – 50% of homes contain problem mold? A new study attributes nearly 100% of chronic sinus infections to mold? A 300% increase in the asthma rate over the past 20 years has been linked