The Law In Maryland Does Not Recognize A Scientifically Established Causal Connection Between Exposure To Conditions In Water Damaged Buildings and Human Illness
I frequently receive questions about illnesses related to exposure to microbial growth and other conditions in water damaged buildings, and whether such medical conditions can form the basis of a personal injury claim. Molds, of course, are generally recognized as allergens that can trigger respiratory symptoms in certain individuals. For that reason, mold in buildings is considered an environmental issue that requires proper remediation. Moreover, mold damages building components if left unaddressed. However, repairs needed to remediate a water damaged building, and proof of a causal connection between exposure to specific molds and a particular symptom in an individual, are very different matters. In the case of Montgomery Mutual Insurance Co. v. Chesson, , 206 Md.App. 569 (2012), the Maryland Court of Special Appeals found “that there is a genuine controversy within the scientific community with regard to whether exposure to water damaged buildings causes human health effects.” As a result of the Court’s determination that “there is no consensus in the relevant scientific community that exposure to mold causes” medical injury, the testimony of a physician that mold exposure had caused illness was deemed to be inadmissible. (more…)
