Toxic Mold Cases May be Easier To Pursue

Mold is a growing problem for multi-dwelling units.   Litigation abounds and awards for personal injury and/or property damage can be high.

Multi-dwelling units are particularly at risk because they share common walls, roofs and piping --all potential sources of moisture that mold loves.

A roadblock in toxic mold cases, cases for personal injury due to mold exposure, has been the issue of "causation."  Proving mold is present is one thing.  A lawyer must also prove it made his client ill.

That obstacle was lightened just slightly by a recent  New Jersey state appeals court decision in the case of  Smith v. Northridge at Edison.  This case stands for the proposition that an expert witness does not have to identify the exact species of mold that made a plaintiff sick in order for the plaintiff to prevail.

A lower court had taken the opposite view and dismissed the case.   But on appeal, that dismissal was reversed.   The court held that the inability to identify the precide kind of mold at issue did not preclude the testimony --it merely went to the weight of the testimony.