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Tuesday, 06 September 2005
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Mulvihill Hyde, Lawyers
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Monday Morning Mold February 7, 2005
Mold in the Media
February 7, 2005
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Mold Stories
-- Can landlord escape mold damage liability to tenant? (SouthCoastToday.com, MA - Feb 5, 2005)
-- Seminar focuses on the dangers of mycotoxins (Duluth News Tribune, MN - Feb 6, 2005)
-- How Employers and Commercial Landlords Can Maintain a Mold-Safe Workplace (WebWire, GA - Feb 6, 2005)
-- LLC on each rental property limits liability (Arizona Republic, AZ - Feb 4, 2005)
-- Mold problem grows in Belle Plaine [Editor's Note: Good Discussion of CDC Report in this Article] (Wellington Daily News, KS - Feb 4, 2005)
-- Menacing Molds - Are They Lurking in Your Home or Work Environment? (allergies.about.com - Feb 5, 2005)
-- Mold Education: Dust Mites
-- Court Mold: County moves to rub out black mold (Cadillac News, MI - Feb 3, 2005)
-- School Mold: Water damage displaces sports, gym classes at middle school (SouthCoastToday.com, MA - Feb 2, 2005)
-- Mold & Insurance: Rising insurance prices hammer area contractors (MSNBC - Jan 31, 2005)
-- Mold Litigation (coming soon): Frustrated, homebuyer protests (Kansas.com, KS - Feb 3, 2005)
-- Mold & Technology: How Employers and Commercial Landlords Can Maintain a Mold-Safe Workplace (WebWire, GA - Feb 6, 2005)
-- For Fun (and this is for real!): www.giantmicrobes.com
-- More fun: The Microbiophobic House

 

Good Morning,

This morning's photo is of a Dust Mite from an article published by EMSL Laboratories (www.emsl.com).

Take a look at this week's "For Fun." There's a website selling plush toy microbes. They've got athelete's foot fungus and dust mites.

Hot tips on mold? Please let me know. Send information to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , Cynthia Coulter Mulvihihll, Esq Hyde Mulvihill APC 216 W. Foothill Boulevard Monrovia CA 91016.


Can landlord escape mold damage liability to tenant? (SouthCoastToday.com, MA - Feb 5, 2005)
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George Burnett, doing business as Beau Monde Perfumes, leased gift shop space at the Chimney Sweep Inn. After several complaints to the hotel owner about the smell of mold in the leased store space, Burnett filed a lawsuit against the landlord and the property manager for premises liability, general negligence, breach of contract, negligent maintenance of the premises, negligent maintenance of a nuisance, intentional infliction of emotional distress, and conversion.

He alleged he was unable to conduct business because of the excessive moisture and growth of mildew and mold in the leased space. The landlord, Chimney Sweep LLC, and the property manager pointed to the "exculpatory clause" in the lease which says the landlord shall not be liable for damage or injury due to fire, steam, electricity, gas, water, rain, breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires and air conditioning.

Click here for: Can landlord escape mold damage liability to tenant? (SouthCoastToday.com, MA - Feb 5, 2005)


Seminar focuses on the dangers of mycotoxins (Duluth News Tribune, MN - Feb 6, 2005)
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COLUMBUS, Neb. - A few years ago a scorching summer caused toxic molds to appear on some area crops. The mold prospered in the hot, humid weather, creating mycotoxins, which are potentially harmful.

Allan Vyhnalek, Platte County cooperative agriculture extension educator, said mycotoxins haven't been a big problem the last couple of years, but there is always potential for them to pop up if grains aren't managed properly.

Click here for: Seminar focuses on the dangers of mycotoxins (Duluth News Tribune, MN - Feb 6, 2005)


How Employers and Commercial Landlords Can Maintain a Mold-Safe Workplace (WebWire, GA - Feb 6, 2005)
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VANCOUVER, CANADA. Exposure to workplace mold infestation can cause serious health problems for employees, customers, and visitors, according to DangerBusters, a worldwide environmental inspection, testing, remediation, and training firm.

Employers, commercial landlords, and employees in Canada, the USA, and worldwide should suspect a mold health threat if any of these three mold warnings occur in the workplace--- (1) Visible mold growth appears on or in ceilings, walls, floors, heating/cooling ducts and registers, attic, basement/crawl space, and/or on furniture, equipment, and inventory of raw materials or finished products.

Click here for: How Employers and Commercial Landlords Can Maintain a Mold-Safe Workplace (WebWire, GA - Feb 6, 2005)


LLC on each rental property limits liability (Arizona Republic, AZ - Feb 4, 2005)
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QUESTION: I own two rental homes and a four-plex apartment building in Wickenburg. The rental agreements are signed by me individually, and the rental checks from the tenants are made payable to me individually. Should I form an LLC for each rental, or should I form one LLC for all of the rentals, or can I carry on as I am?

ANSWER: I would strongly recommend that you form an LLC (limited liability company) for each rental property. For example, if one of your rental properties has a serious mold problem and you have that rental property in an LLC, only that LLC would be liable for any multimillion-dollar judgment for the mold problem, as opposed to all of your rental properties and your personal assets. Even if you have liability insurance for the rental property, the coverage may be limited or non-existent for the mold problem, or the liability-insurance carrier may go out of business.

Click here for: LLC on each rental property limits liability (Arizona Republic, AZ - Feb 4, 2005)


Mold problem grows in Belle Plaine [Editor's Note: Good Discussion of CDC Report in this Article] (Wellington Daily News, KS - Feb 4, 2005)
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BELLE PLAINE -- The Belle Plaine City Council was expected to temporarily locate the Belle Plaine, all thanks to Mother Nature. The problem is mold. It was discovered following the ice storm in early January when 3 to 4 inches of water invaded the interior of the westend of the city administration building where the police department is housed and "a heavy degree of mold" was discovered Monday. For employee health and safety reasons, city officials decided to have the Sumner County Health Department examine the structure. Health officials advised the city to talk with a Wichita expert.

Environmental Protection Agency certified Steve Moreland, an inspector from American Metropolitan Environmental Inc., visited the Belle Plaine Monday and found the mold, according to published reports quoting Belle Plaine Mayor Dave Talbot.

Click here for: Mold problem grows in Belle Plaine [Editor's Note: Good Discussion of CDC Report in this Article] (Wellington Daily News, KS - Feb 4, 2005)


Menacing Molds - Are They Lurking in Your Home or Work Environment? (allergies.about.com - Feb 5, 2005)
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Molds can be found practically anywhere and in every type of climate. They can grow in places we least expect. Within four to nine days a single mold can germinate and produce hundreds of thousands of airborne spores.

Molds can start to grow and spread within 24 to 48 hours in structures where water collects. Many times water damage goes unnoticed because it is concealed behind walls.

Click here for: Menacing Molds - Are They Lurking in Your Home or Work Environment? (allergies.about.com - Feb 5, 2005)


Mold Education: Dust Mites
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What do dust mites have to do with mold? It's another source of allergens in the home. Interestingly, dust mites eat fungi.

One of the most strongly allergenic materials found indoors is house dust, often heavily contaminated with the fecal pellets and cast skins of House Dust Mites. Estimates are that dust mites may be a factor in 50 to 80 percent of asthmatics, as well as in countless cases of eczema, hay fever and other allergic ailments. Common causes of allergy include house dust mites, cat dander, cockroach droppings and grass pollen. Symptoms are usually respiratory in nature (sneezing, itching, watery eyes, wheezing, etc.), usually NOT A RASH. However, there are reports of a red rash around the neck. Other allergic reactions may include headaches, fatigue and depression.

Click here for Mold Education: Dust Mites


Court Mold: County moves to rub out black mold (Cadillac News, MI - Feb 3, 2005)
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Wexford County commissioners Wednesday unanimously approved a $16,710 bid from ServPro of Manistee to rid the courthouse basement of black mold.

County Administrator Mike Sutter told commissioners that in addition to the equalization department offices, black mold has been discovered in the computer room located across the basement on the courthouse's southeast corner.

Click here for Court Mold: County moves to rub out black mold (Cadillac News, MI - Feb 3, 2005)


School Mold: Water damage displaces sports, gym classes at middle school (SouthCoastToday.com, MA - Feb 2, 2005)
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LAKEVILLE -- Water damage on the gymnasium floor at Freetown-Lakeville Middle School is disrupting gym classes, sports teams and Community Recreation programs. A 4- or 5-foot-diameter section of the maple floor buckled from melting snow that dripped from a rooftop heating unit, Principal Jim Hunt said. Although Dr. Hunt said the boards are about an inch higher than normal, Community Recreation Director David Donnelly said the area seemed to be nearly a foot high when he saw it on Monday.

"I've never seen (a gym floor) blow up this big before. It looks like somebody has a balloon under there, blowing it up," Mr. Donnelly said. According to facilities manager Robert Souza, custodians discovered water on the floor the Monday after the Jan. 22-23 blizzard and mopped it up. The floor did not show signs of buckling until two days later. Whether or not the school is occupied, a custodian inspects all the rooms every day, he said. No water was reported Sunday.

Click here for School Mold: Water damage displaces sports, gym classes at middle school (SouthCoastToday.com, MA - Feb 2, 2005)


Mold & Insurance: Rising insurance prices hammer area contractors (MSNBC - Jan 31, 2005)
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In the last two-and-a-half years, Dan Leahy, the Bend-based general manager of Adair Homes, has seen his homebuilding liability insurance rates rise by 1,200 percent. Inversely, the coverage that policy buys him has been dramatically reduced.

"These policies now have numerous exclusions, so the face value of the premiums has ended up being cut by 75 percent," said Leahy, whose Beaverton company builds some 600 affordable homes yearly in three states. "We used to carry $2 million worth of that insurance; now we carry $500,000," the state's minimum requirement.

Click here for Mold & Insurance: Rising insurance prices hammer area contractors (MSNBC - Jan 31, 2005)


Mold Litigation (coming soon): Frustrated, homebuyer protests (Kansas.com, KS - Feb 3, 2005)
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Leroy O'Bray lives in Hope, a small town near Abilene, but for the next few days he plans to stand outside a Wichita business in protest. O'Bray bought a home from Eastside Homes, which sells modular and manufactured homes, in August. He has never gotten to live in it.

That's because he discovered mold throughout the home. Eastside has promised him a new home, which O'Bray appreciates. But after six months of inconvenience, he decided it was time to voice his frustration with the business.

Click here for Mold Litigation (coming soon): Frustrated, homebuyer protests (Kansas.com, KS - Feb 3, 2005)


Mold & Technology: How Employers and Commercial Landlords Can Maintain a Mold-Safe Workplace (WebWire, GA - Feb 6, 2005)
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Mold-a-way is an all-natural organic microorganism product scientifically designed to kill the Black Mold fungus and spores. Mold-A-Way has several products available and when applied as instructed can contain and kill many harmful mold fungus.

(PRWEB) February 3, 2005 -- Black mold is becoming a growing concern, not just in America, but also around the world. Reports of various respiratory problems, skin rashes, bloody noses and headaches are just a few of the effects that black mold has on people. Black mold is most commonly found in homes or buildings that have sustained flooding or water damage from broken pipes, roof leaks, leaking window seals, condensation and other moisture invasions. Due to the mold infestation, people and businesses are being run out of their homes and offices, sometimes never to return. People are destroying their homes and shutting down their businesses just to rid themselves of the problem.

Click here for Mold & Technology: How Employers and Commercial Landlords Can Maintain a Mold-Safe Workplace (WebWire, GA - Feb 6, 2005)


For Fun (and this is for real!): www.giantmicrobes.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
We make stuffed animals that look like tiny microbes- only a million times actual size! Now available: The Common Cold, The Flu, Sore Throat, Stomach Ache, Cough, Ear Ache, Bad Breath, Kissing Disease, Athlete's Foot, Ulcer, Martian Life, Beer & Bread, Black Death, Ebola, Flesh Eating, Sleeping Sickness, Dust Mite, Bed Bug, and Bookworm (and in our Professional line: H.I.V. and Hepatitis).

Each 5-to-7 inch doll is accompanied by an image of the real microbe it represents, as well as information about the microbe.

For Fun (and this is for real!): www.giantmicrobes.com


More fun: The Microbiophobic House
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Giving Comfort to the Enemy The "experts" have spoken, and it looks like bad news for the human race and the war on microbial mess- makers.

Though we humans are the most advanced creatures and have weapons to fight the moldy menace, some scientists consider slime mold, our number-one enemy, one of the most successful organisms on the planet.

Click here for More fun: The Microbiophobic House


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