3 Commercial Liability Risks Associated With Mold

4/1/2022 (Permalink)

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Mold Poses Three Commercial Liability Risks

If you own or manage a commercial building or multifamily dwelling, you may want to know more about your potential liability for mold. Structures with numerous occupants who could be exposed to black mold or any other species have different levels of liability based on usage. Here are three potential liability risks that could be relevant for a building located in Essington, PA.

1. Failure To Inspect and Address the Problem

A landlord who refuses to respond to tenant reports of water damage or mold in a timely manner may be held liable for mold damage and exposure. Multifamily residential buildings often have more implications in terms of liability than commercial leases. The terms of a commercial property lease may assign liability for water damage caused by fixtures or structural systems and any secondary mold damage.

2. Negligence In Property Maintenance

Failure on the part of a building owner or manager to maintain a property may increase liability. Depending on the terms of a lease, structural systems such as plumbing may be the responsibility of owners, whereas lessees may be liable for damage inside a property.

3. Refusal To Remediate Mold Damage

Visible mold or hidden growth discovered during an independent inspection could be held against a property owner who refuses to pay for mold remediation. The degree of liability depends on the extent of an infestation and the type of fungus. Mold that has spread throughout a structure or a toxigenic black mold infestation may prove more costly.

As soon as a commercial or residential tenant reports water damage at a building in Essington, PA, building maintenance should respond in a timely manner. Mold may start growing within just 48 to 72 hours after moisture levels rise. A lack of response and general negligence may make a property owner more liable for black mold or other potentially harmful fungus.