Law Offices of Edward H. Cross & Associates, PC has extensive experience in a broad array of indoor environmental issues, including water damage restoration, building-related illnesses, risk management for contractors and building owners/managers, water damage restoration contracts, assessment of water loss insurance coverage issues and many related areas.  A particular area of the firm's interest lies in governmental tort claims related to sewage backflows, an area where the firm has enjoyed great success. 
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     Edward H. Cross is a Certified Indoor Air Quality Professional (CIAQP) and is certified in water damage restoration (WRT) by the Institute of Inspection, Cleaning and Restoration Certification (IICRC).  The IICRC publishes the Standard and Reference Guide for Professional Water Damage Restoration - S5000 and Mr. Cross was on the editing committee for the second edition of that consensus document.  The IICRC was formed in 1972 to serve as an independent, non-profit certification body, to set and promote high standards and ethics; and to advance communication and technical proficiency within the inspection, cleaning and restoration service industry. For more information, see www.iicrc.org .  

   The firm's mission is to increase awareness of indoor environmental problems and help resolve the confusion and disputes that result when microbial contamination strikes. This sort of contamination may be the result of negligence or construction defect .

Typically, our indoor air quality cases involve water damage that leads to the growth of toxigenic mold (fungi) such as Stachybotrys chartarum (atra).  However, contrary to popular belief , Stachybotrys is not the only dangerous type of mold.  For example,  Aspergillus versicolor, Penicillium, Trichoderma, and many others can cause serious health problems.  Many of these fungi are known producers of toxins that many doctors believe are dangerous to humans and animals, and can cause a variety of symptoms including but not limited to flu-like symptoms, fatigue, headache, allergies, asthma, general malaise, and other conditions.  It has also been implicated in cases of multiple chemical sensitivity ("MCS"), which is a controversial diagnosis.  The important point to remember is that the dose makes the poison.  In other words, the mold will not cause health problems until it reaches a sufficient  level of concentration.  However, different individuals have different levels of sensitivity.  For more information, see a qualified allergist or occupational health physician with experience evaluating mold exposures.

   However, a variety of other conditions and construction defect issues can lead to poor or unhealthful indoor air quality, such as VOC's (volatile organic compounds), which are chemicals from carpet, furniture, paint, and other items. Another important source of poor air quality is improper or defective ventilation or other contamination in the HVAC (heating, ventilation and air conditioning) system. Ducts should be cleaned periodically using specialized containment procedures. This should only be performed by qualified experienced professionals.

MOLD, FUNGI AND WATER DAMAGE

Water damage from above can be the most devastating.  This lower-level condominium was closed for a month in summer heat after a leak from a washing machine hose from a unit above.

    Mold is a type of fungus.  All molds are fungi, but not all fungi are mold.  There are thousands of species of fungi, many of which may be harmless. If you see a heavy growth of mold growing in your home or workplace, take immediate action, but do not become alarmed. Contact a qualified environmental consultant with experience in this field. Certain industrial hygienists, environmental assessors and microbiologists have experience in this area. Ask whether they believe testing (such as a microbial survey) is necessary. Some governmental agencies or individuals may advise against testing. We suggest that you seek all the facts, and get a second opinion before arriving at your own well-reasoned decision.

    It may also be appropriate for you to seek medical attention from an occupational health specialist or allergist who has experience with this type of exposure. Be careful in your selection. A bad choice could be damaging not only medically—but legally.

PRESERVE THE EVIDENCE!

  Preservation and documentation of evidence is crucial in an indoor environmental case.  The chronological relationships of certain events often becomes the central question.  However, it is extremely difficult to recreate events years later.   Extra testing may be helpful if you intend to take legal action. 

  Statutes of limitation impose strict deadlines on the filing of lawsuits. If your suit is not filed before the deadline, it will be barred and you will recover nothing. See Litigation Crash Course to learn more about the process of a lawsuit.

Moldy wall in Texas apartment.  Spore trap sampling results in this room yielded the following results: Aspergillus/Penicillium -like : 2,418 s/m3; Cladosporium: 4,836;  Alternaria: 1,950; Drechslera: 117; and others.

Photo courtesy Paulette Stuttgen

   Each indoor environmental case carries its own dynamic of intricate scientific, medical and construction defect issues that should be studied thoroughly in order to give the client the zealous advocacy he or she deserves. This section contains a few guidelines we believe are important when selecting an attorney to represent you in an indoor environmental case. 

ISSUES OF PROOF:

   These cases can be very difficult to prove, and most attorneys are not equipped to adequately prosecute them. "Causation" is the trick in building-related illness cases.  A plaintiff in a California toxic exposure illness case must be able to prove to a reasonable degree of medical probability that the exposure was the cause of the symptoms. The evidence is usually countered by evidence that the  illness was actually the result of some other condition, such as a pre-existing illness, a head injury, substance abuse, poor health habits or some other event or exposure that was not their fault.

   Your attorney must know how to contend with the fact that toxic exposure causes illnesses that are "non-specific," meaning the illness itself does not conclusively indicate its cause. For example, flu-like symptoms may be evidence of toxic exposure. On the other hand, they may simply indicate that you have the flu.

   Our firm works closely with the leading experts in this field (of which there are few) in order to help distinguish between illness caused by exposure, and illness that you would have had irrespective of the exposure.

   If you are ill, contact a physician immediately. 

See our Litigation Crash Course to learn more about the process of a lawsuit.

Mold will not generally grow on a non-porous surface such as this lacquer table, but in severe cases, it can grow on the thin layer of organic debris and dust (biofilm) on the surface