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In Memory of 09-11-01
Lest We Forget
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MOLD, FUNGI AND PESTICIDES PROBLEMS:
Toxic Torts, Mold, Fungi, Pesticides and Your Health:
This is a very important are of law that is just developing. You need to be
aware of two separate situations as they may affect you and your
children's health.
Toxic Molds and Fungi:
We have only recently learned exactly how dangerous Mold and
Fungi are to public health. The types of mold and fungi that can infest
your housing units are too long to list here. But suffice it to say, that you
can become extremely ill with health problems ranging from lung infections to
more serious health problems.
These health problems usually are the
result of negligent design of the building, negligent repairs, neglect,
earthquake damage to common leaks. The main problem mold and fungi are caused by access of water
into a closed area such as inside a wall, ceiling or roof. Broken pipes can also
cause the release of water into a structure. Then the water sits on a surface
that contains spores of mold and fungi. The mold or fungi spores germinate and begin
to reproduce. If the water and the material that was soaked is not properly
treated, the spores can be broadcast throughout the unit, causing everyone to
become ill.
The main way these molds and fungi
are broadcast is usually the result of improper water removal techniques. One
such case I recently heard about was caused by a broken pipe that had flooded
the living room of an apartment. A contractor hired by the landlord didn't
remove the carpet to have it properly cleaned or replaced. Instead they used
large fans that blew air across the wet carpet during the summer. The hot humid
air coupled with the spores that were in the carpet, was ideal for germination.
The fans blew across the carpet and down the hall right into the bedroom that
was used by the couples children. Within a few weeks the walls inside the
children's room was black with mold and the children were very sick. Any
time you have a infusion of water into or near a living area, you have the
possibility of a mold or fungi problem.
Symptoms of Mold and Fungi Infections:
The symptoms of mold and fungi
infestations read like a laundry list of illnesses. Below you will find a list
of some of the symptoms that you may experience. This is not intended to be an
exhaustive list of each and every possible symptom. Nor should it be used as a
diagnostic tool to determine if you are infected. Only a doctor can tell if you
have in fact been exposed. If you think that you may have been exposed to mold
or fungi, go see your doctor.
Pulmonary Symptoms:
- Low blood oxygen levels;
- Rapid heartbeat;
- Chronic Obstructive Pulmonary Disease;
- Pulmonary hemorrhage and hemosiderosis.
Respiratory Symptoms:
- Difficulty breathing;
- Shortness of breath;
- Coughing;
- Wheezing;
- Sneezing;
- Gasping for air;
- Reduced lung function;
- Rhinitis
- Sinusitis;
- Bronchiospasms;
- Hypersensitivity pneumonitis;
- Aspergilllosis;
- Scarred lung tissue;
- Fungal masses;
- Hemorrhaging in the lungs;
- Permanent lung damage;
- Alveolar hemorrhage;
- Organic dust toxic syndrome; and
- Reactive airways dysfunction syndrome.
Cognitive Symptoms:
- Confusion;
- Impaired memory;
- Inability to focus & reduced attention span;
- Reduced executive functioning; and
- Hemorrhaging in the brain.
Cancers:
Auditory Symptoms:
- Ear infections;
- Swelling;
- Hearing damage; and
- Permanent hearing loss.
Dermal Symptoms:
- Rashes;
- Dermatitis;
- Edema;
- Abscesses; and
- Lesions.
Miscellaneous Symptoms:
-
Death, although rare, chronic exposure to mycotoxins, such
as Satratoxin can be lethal over a prolonged period of time
even in low doses;
- Blurred vision;
- Body aches;
- Bronchitis;
- Chest pains;
- Fatigue;
- Fever;
- Fibromyalgia;
- Fungal infections;
- Headaches;
- Immune system problems;
- Liver Damage;
- Kidney damage; and
- Much, much more.
Which Molds and Fungi are the Usual Culprits:
- Aspergillus;
- Cladosporium;
- Penicillium; and
- Stachybotrys.
Of the four, Stachybotrys
is a particularly nasty mold that can make you extremely ill. If you
discover any evidence of Mold or Fungi in or around your unit you must bring it
to the landlords attention immediately.
As of 2002, Health and Safety Code
Section §26147 requires landlords to inform any new tenants and all current
tenants about mold. The problem is that the Legislature of California has not
yet promulgated standards for detection and approved treatment methods until
later this year. For now the landlord is required to remove any mold or fungi.
You should send the landlord a certified letter informing him or her of the
problem, return receipt requested. Be sure and keep a copy of the letter, so
when they claim they didn't know about the mold problem, you will be able to
produce the letter.
The problems usually arises when
the mold is spread as a result of improper removal techniques. If you become
ill, this is not something that you would want to take to small claims court.
This type of situation is very serious, and requires the service of an
experienced attorney, experts on molds and Fungi and experienced doctors.
Pesticides:
The law requires that if the
landlord has a pest control service that services the complex or sprays
anything around the complex, they they are required under Civil Code Section §
1940.8 to post a notice listing the following information:
- The name of the pesticide involved;
- The active ingredients; and
- A notice listing possible health effects.
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