Mold and Water Damage

Media scrutiny of mold, water damage and indoor air quality issues has generated increased claims for personal injuries and property damage against developers, contractors, commercial and residential landlords, and others with real property interests.

WSHB combines years of practical litigation and trial experience to evaluate causes and origins of mold, water damage and indoor air quality problems. By properly assessing evidence of exposure, medical causation, and related damages—before litigation, during discovery and through trial—we help clients effectively respond to these claims.

Attorneys in this practice group are National Monitoring Counsel for multiple clients, authored the primary guidebook for handling mold claims published by Continuing Education of the Bar, and consult on mold and water damage cases across the country. Moreover, in conjunction with our Toxic Tort and Professional Liability practice groups, WSHB maintains an extensive database of technical articles, peer-reviewed studies and background materials on expert witnesses and consultants in this complex area of law.

WSHB lawyers handle a wide range of mold and water damage matters, including:

• Tried to verdict more cases than any other firm in the nation involving claims of alleged injury from mold. In these cases with millions of dollars at stake, no client has paid a dime for bodily injury claims
• Investigation and defense of claims involving hospitals and medical facilities, public entities, courthouses, high-rise condominium buildings, apartment buildings, government facilities, hotels and large single family residential developments
• Counsel regarding handling pre-litigation claims, regulatory compliance, risk transfer, and avoidance
• Supervision and review of abatement and remediation projects
• Development of water damage and indoor air quality protocols for developers and landlords
• Related residential and commercial matters: fiberglass, carbon monoxide, hydrogen sulfide, damp-building syndrome, Chinese drywall, chemical applications and Legionnaire's Disease, in both residential and commercial settings

Representative Matters for Mold and Water Damage

• Defended a retirement and assisted care living facility sued by a plaintiff for injuries allegedly resulting from poor indoor air quality. Aggressive litigation focusing on the lack of scientifically valid evidence supporting these claims led to the dismissal of plaintiff’s entire lawsuit. The case was heavily reported as being the first trial court decision in California where experts in a mold case were prevented from testifying at trial.
• Defense verdict in case involving claims of bodily injury from mold exposure resulting in alleged permanent injuries to family of three.  Demand was $20m prior to trial.
• Multiple personal injury claims started by the claims of a sitting Superior Court judge who claimed that she suffered personal injuries due to her exposure to mold, fiberglass and asbestos at a county courthouse. As a result of aggressive litigation efforts, the claims were ultimately resolved two years later for nuisance value, settling for less than $100,000.
• Retained by an owner of extensive real estate holdings to defend five separate claims that plaintiffs had become ill due to Legionnaire’s Disease. All cases were dismissed for a waiver of costs after we demonstrated that the plaintiffs had no scientifically valid evidence.
• Defended the owner and operator of multiple hospital facilities facing mold personal injury claims. The claims of all plaintiffs were eventually eliminated of by way of a no evidence motion for summary judgment.

Publications