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TexLaw, Attorney
Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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I am a lawyer working on a case in which my clients infant

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I am a lawyer working on a case in which my client's infant daughter was exposed in close proximity to toxic mold. Do you have any experts on this subject
I've worked on toxic mold cases before in Texas. I'll give your question a shot to see if I can help you. What is your question?

Customer: replied 4 years ago.

What is the liability of the party who was responsible for exposing the baby to mold? As yet, the child has shown no signs of sickness.

Thank you for your response.

Liability will lie in negligence. You will have to establish that the party exposing the infant knew or should have known that the toxic mold was present, and then proceeded to expose the infant without taking reasonable care.

Since there are no signs of sickness, you will have to have a medical expert come in and testify that the exposure requires medical monitoring for specific future ailments that could result from the toxic exposure. The court held that medical monitoring costs were a compensable item of damages because the residents demonstrated that the need for medical monitoring was a reasonably certain consequence of toxic exposure. Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965 (Cal. 1993). The expert will also have to establish that the exposure was long enough to cause potential sickness.

Exposure to toxic mold without physical manifestation of symptoms will be very difficult case. Especially because the science behind whether toxic mold has latent effects is not solid.

Please let me know whether this was what you were after.

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