What Legal Professionals Should Know When Selecting Indoor Air Quality Experts for Mold Cases

Legal professionals representing both plaintiffs and defendants frequently rely on expert witnesses in matters having to do with alleged mold contamination.  Often these cases involve building envelope water intrusions caused by defective construction leading to water infiltration into the indoor built environment.  Other matters involve equipment failure, such as water heaters within a commercial building and/or a residential home or apartment building.  Insurance companies are notified of these damages, and the investigative process begins.  Reported water-related damage often has claims of property damage or indoor air quality (IAQ) health issues that may impact the occupants.  Insurance companies usually reach out to remediation companies, who are the first responders, to address the water damage quickly.  They want to ensure that water damage is mitigated to prevent secondary complications, such as the amplification of mold from dormant mold spores that are naturally prevalent indoors and outdoors.

When occupants raise concerns regarding contamination/amplification it becomes a question of who was potentially at fault.  This is when expert services are engaged to assess whether or not mold contamination is an issue and determine the parties responsible, if any.  At this juncture it is important that legal professionals select a suitable expert to investigate the claims whether on behalf of the Plaintiff or the Defendant.

It is also important that when the services of an IAQ expert are engaged that they are qualified in specific areas, such as but not limited to: Environmental Science, Industrial Hygiene, and Occupational Health.  They should also be knowledgeable in Building Science and Heating Ventilation and Air Conditioning (HVAC), relating to how these sources of potential IAQ contamination may impact public health and indoor occupants.  It is important to be cautious of individuals representing themselves as IAQ experts but have a limited background in insurance and claim adjusting, which does not qualify them as an IAQ expert.  Experts who do not profit from selling remediation services or equipment may be better positioned to provide objective recommendations and will stand the test of litigation.  If an IAQ expert also performs remediation, consider how they avoid conflicts of interest.

A qualified IAQ expert should be versed in air sampling for mold or other air contaminants and know when to sample and when not to sample.  The expert should understand when to recommend air sampling/testing only when it will answer a specific question.  A competent IAQ expert should also consider information about the occupants and their reported health symptoms, as well as the building/home or residence’s history.  A visual inspection should also be conducted to document evidence of mold growth or water staining.  The HVAC equipment should be evaluated to determine if the equipment is operating according to the manufacturer’s specifications by measuring temperature and humidity to identify or rule out equipment malfunction that may have contributed to an unhealthy indoor environment.

Too often IAQ investigations include improper sampling techniques, deficient evaluations of test results, and fail to consider a potential cause of alleged contamination.  Plaintiff attorneys do not want to prepare for court only to find out their IAQ expert may not be qualified to testify or that there is insufficient evidence to support an expert’s opinions.  Defense attorneys should not prepare for court with an incomplete or inaccurate IAQ investigation that failed to fully identify the nature and cause of alleged contamination.

A thorough IAQ investigation focuses on identifying the underlying source of the problem rather than relying solely on air testing or recommending a one-size-fits-all solution.

At Consulting Engineers & Scientists, Inc., our Certified Industrial Hygienist can assist you with your indoor air quality cases, including those involving mold or other indoor contaminants.  Please contact us if you need assistance with an IAQ matter.