Toxic,Mold,Crisis,Management,T business, insurance Toxic Mold Crisis Management
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There are, I am told by an attorney in a position to know such things, at least 15,000 mold-related lawsuits currently filed in the United States. All of them, of course, referencing "toxic mold" as if referring to a weapon of mass destruction -- and I believe, playing somewhat on the fear caused by more serious biological threats of the types potentially used by terrorists. Who is vulnerable to allegations of negligence with regard to mold prevention or treatment? Unfortunately, categorically, it can be any entity responsible for building or maintaining a structure used by humans for any purpose. I have seen mold lawsuits and/or negative publicity involving schools, builders, maintenance companies, hotels, public buildings...the list is virtually endless. Regardless of any lawsuit's merit -- and I also understand that no one has yet been found guilty of negligence with regard to mold prevention, although there have been a number of settlements -- the term TOXIC MOLD immediately breeds fear amongst anyone who thinks they or their loved ones may have been exposed. That fear must be acknowledged compassionately, first, and then the facts about mold, many of which are quite reassuring, must be introduced by credible spokespersons, through effective written materials, and in a manner that gives stakeholders a chance to vent and ask questions. With knowledge, however, comes responsibility. To date, defendants (in a court of law or the court of public opinion) can genuinely say that, until recently, there was no reason to be particularly concerned about mold. That routine maintenance was always enough. And, even now, that there is no enforceable legislation on the subject -- although California has passed, and is trying to put some teeth into, the Toxic Mold Protection Act. If you are in a business vulnerable to allegations about your prevention or remediation of mold, now is the time to upgrade not only your operational procedures, but also to have key messages and educational material available for your stakeholders. Speaking at the Builder 100 Conference recently, I suggested to the audience that they consider such activities as: · Early disclosure about the possibility of mold and what they do to minimize any threat.· Educational material about mold in general, from independent and credible sources, so that the public understands that very few molds can actually be considered "toxic" in any way.· Development of standby media statements on the subject in the event they're blindsided by a lawsuit.In a lawsuit with which I'm familiar, one company that originally leased the building was named as a co-defendant simply because it had "deep pockets," even though it had been many years since they had any direct responsibility for maintenance/mold prevention. So don't discount the possibility of being an "also named" and the need to still deal with both legal and PR issues, regardless of any real liability.
Toxic,Mold,Crisis,Management,T