Mold Lawsuits: Why They're Hard—and What You Can Do

Finding mold in your home or workplace can be overwhelming. Maybe you're dealing with property damage, unexplained health issues, or both. Naturally, you want accountability. That often leads people to consider a lawsuit. But here’s the reality: mold cases are complex, and they’re hard to win without the right support.

Let’s break down why that is—and what steps can actually help.

Why Mold Lawsuits Are So Challenging

1. It's Hard to Prove Mold Made You Sick

Mold exposure can cause symptoms like coughing, headaches, fatigue, and sinus trouble. The problem? Those symptoms look like dozens of other everyday illnesses. To succeed in court, you need to prove that mold—not allergies, a cold, or something else—directly caused your health problems. That takes strong, specific medical evidence.

2. Figuring Out Who’s Responsible Isn’t Always Clear

Mold doesn’t appear overnight. It can come from leaks, poor ventilation, weather, or a history of neglect. To bring a successful claim, you’ll need to connect the dots between the mold, the harm it caused, and who failed to act. That’s not always straightforward, especially if multiple parties were involved—like a landlord, property manager, or contractor.

3. Science Isn’t Settled

Even the experts don’t always agree. Some say mold causes serious health effects. Others claim it’s mostly harmless unless someone is already vulnerable. That disagreement can confuse judges and juries, making it harder to meet the high legal standard of proof.

4. These Cases Require Experts—and They're Not Optional

To have a real shot at success, you need qualified experts: environmental specialists who can test and interpret mold levels, and doctors who can link the exposure to your symptoms. Courts rely heavily on expert testimony in mold cases. Without it, your case likely won’t get far.

5. Insurance Companies Push Back—Hard

Even if you have insurance, most policies either exclude mold or place strict limits on coverage. Common responses include:

• “Mold damage isn’t covered under your policy.”

• “You can’t prove the mold caused your illness.”

• “You didn’t act quickly enough to prevent the damage.”
  
  

You’ll need documentation, persistence, and legal backup to challenge these defenses.

What Happens in Court

Mold lawsuits involve complicated science and strict legal rules. You have to prove:

• Mold was present and harmful

• That mold directly caused your health or property issues

• That someone else is legally responsible
  
  

That’s a tall order—and it’s why so many cases don’t succeed. The burden of proof falls entirely on the person bringing the claim. Think of it like hiking uphill with a heavy pack: possible, but not without preparation.

What You Can Do

Start With Good Experts

If you think you’re dealing with mold-related harm, don’t wait. Connect with environmental and medical professionals early. They can:

• Identify and document the mold

• Track how long it’s been there

• Support a possible connection to your health issues
  
  

Document Everything

• Take clear photos of the mold

• Keep doctor’s notes

• Track your symptoms and when they began

• Save emails or repair requests to your landlord or building manager
  
  

The more organized your records, the stronger your position—whether you're negotiating with insurance or building a case.

The Bottom Line

Mold cases are difficult, but not impossible. They require strong evidence, expert testimony, and legal guidance. If you're considering legal action, talk to someone who understands both the science and the law.

If you’re in Downey or Southeast L.A. County and dealing with a mold issue, you don’t have to figure it out alone. The Law Office of Arta Wildeboer offers free consultations to help you understand your options. Call (562) 608-8887 to get started.