Science and Law Mushroom for Debate
Years ago, when I lived in a rental house, I awoke one morning to find something stemmed with a dark brown cap, growing from the hallway ceiling, like a stalactite. While I enjoy having potted plants hanging from the acoustic ceiling in my home, an uninvited hanging fungus pushed the outer limits of my desire for an indoor garden.
Aesthetically, it may have been interesting to show off a ceiling mushroom to guests, but I viewed the "houseplant" as an unwanted intruder that could pose a health threat to my family.Indoor molds are a known health problem which are linked to a multitude of sicknesses including respiratory ailments, from which my family was then suffering. Particularly in this day and age when kids spend so much time indoors, playing video games, when leisure time is often oriented more toward the living room than outdoor recreation and in cold winter months we are at risk from dangers lurking within. After my ceiling mushroom discovery, I did a little research and learned that researchers had established a strong connection between asthma and black mold, or Stachybotrys.
The rental home that I was then living in had a landlord, the home's owner, who was a stingy man who I knew would be none too keen on remedying this one little mushroom by dealing with the core problem, excessive moisture pooling inside the walls.
While our dry Colorado climate is not as receptive as other geographies to the growth of molds, when a dishwasher floods or pipes break moisture can be introduced into any home, producing molds. For example, in 2004 the Elbert County Courthouse was vacated when mold was discovered there.
So when I discovered the mold problem, I called a local public health inspector, who arrived and assessed the problem as serious. A written report followed from the inspector, documenting the existence of the mold, and I forwarded the report to my landlord, squelching his denial of any problem. Ultimately, we were able to get a contractor in to work and replace the affected drywall and the landlord filed a claim with his insurer to pay for the costs of repair.
While molds have occupied residences for a long time as unwelcome guests, only recent scientific advance has led to recognition of the significant health threat that molds pose. The problem of ridding molds has lead to the creation of a small industry of inspectors to detect the problem, restoration companies to remedy it, and insurance claims to pay for the repairs.
This is an example where scientific progress has created a legal remedy because toxic exposure results in personal injury. Once in a courtroom, a lawyer will call upon an inspector, a contractor and their client to prove a claim involving toxic mold.
Decades ago, a connection between household molds and ill health would be speculative, and no court would recognize any connection between the two. No cause and affect, no "cause of action", a phrase describing a valid lawsuit.
Examples where scientific progress can increase a lawyer's ability to prove facts in court are numerous. Laboratory advance has gestated DNA testing to prove biological parentage, a coroner is now an integral part of evidence presentation in any murder case, describing the presence of drugs through toxicological reports or the date of death with entomological evidence, and experts in biomechanics can help explain car accident injuries.
At first courts may be reluctant to accept a scientific theory as fact, so elaborate procedures exist for before a court will allow the introduction of scientific evidence. The credentials of an expert are then tested by the judge, their methodology examined as well as whether or not the principles articulated by the expert are widely accepted, to avoid the specter of a snake oil salesman presenting glib but unsubstantiated opinion.
If the expert is unqualified, the court will not allow them to state their opinion. By contrast, if an expert witness is deemed qualified, it doesn't mean that their opinions will be accepted as truth, only that a jury in reaching a decision might consider them.Amazingly but not surprisingly, there are experts in almost every area under the sun who come into court. The most exceptional expert I've ever seen testified to common hairstyles of youthful males!
Some experts are honest to a fault and others will say just about anything that a litigant pays for. It is my experience, that skilled counsel will expose an expert witness who lacks good credentials fairly quickly.
However, on occasion, a charlatan sneaks through as even I have had the occasion to testify in court on the issue of whether an attorney's work was properly done when a former client challenged it.What does all this have to do with mushrooms? Well, you might begin with a small problem. But sometimes, in order to get relief you have to go through the steps of presenting your grievance through an expert. I mean, who can tell the difference between a shitake and a Stachybotrys?
Bruce Brown is a lawyer for twenty-four years practicing in Idaho Springs. He can be reached at info@brucebrownlaw.com
Bruce Brown, Attorney
Post Office Box 3366 ~ 1630 Miner Street ~ Idaho Springs, CO 80452
Tel. (970) 722-7778 or (303) 567-0111 ~ Toll free (866) 999-9529 ~ FAX (303) 567-9306 - Sitemap
Email: info@brucebrownlaw.com
