Mold Eradication: Protecting Lodging from Lawsuits
Owners and operators of hotels, motels or any lodging establishment need no reminders about the ever-present threat of mold along with the litigation associated with its discovery. Lawsuits alleging health issues caused by mold are on the rise with some of the nation’s largest hotel chains bearing the brunt. Perhaps the most heavily publicized case occurred in Hawaii in 2001, when a newly-opened $95-million facility had to empty its more than 400-room tower after mold was detected. A flurry of court cases followed.
The U.S. Chamber of Commerce estimates that insurance companies have paid “billions of dollars” in damages based on mold claims against builders of homes and commercial structures. The seemingly endless number of lawsuits launched by a mold-conscious populace should serve as a warning to lodging owners and operators to be proactive in preventing mold for reasons of public health and business liability.
Vinyl Wallpaper—A Perfect Mold Host
A good way to start is to examine the property’s wallpaper, one of the most likely locations for mold to make an unwanted appearance. Vinyl wallpaper has long been preferred by many owners and operators who probably didn’t realize its use could contribute to a mold-generating environment. The problem isn’t the vinyl as much as it is the surface area of the exterior wall where the vinyl is applied. The moisture necessary for the sealing process cannot completely evaporate and, as the Environmental Protection Agency points out, the persistence of moisture is one of three conditions that can create mold spores. The other two are stagnant air, particularly in rooms that have not had a steady guest turnover, lack adequate ventilation and/or air exchange, and high humidity. All three combined are a guarantee that mold will generate and spread.
Some defense attorneys argue that plaintiffs who allege illness due to mold cannot conclusively prove their claims, but juries have found otherwise. The EPA warns of several health hazards it directly attributes to mold, including mycotoxins, which the agency describes as toxic substances that in “extreme cases” can damage the liver or central nervous systems. In fact the list of potential health problems the EPA attributes to mold is a powerful argument for being aggressive in improving the building environment.
Time to Be Proactive
Given the litigious nature of any mold allegation, hotel operators need to be proactive. They can start by analyzing conditions in the rooms through use of certified inspectors Yes, there is some expense here, but nowhere near the costs of a drawn-out legal battle that is bound to impact the budget far worse than inspection and remediation. Independent lab test results with written warranties and clearance are a must for being proactive.
There is another remediation issue that deserves examination. The EPA is leery of biocides—forms of chlorine bleaches—in mold’s eradication because they, too, are potentially toxic. The good news is that operators have other alternatives including environmentally friendly ones that can remediate the conditions that allow mold to fester without engendering further lawsuits due to their use. For example, a non-biocide, non-toxic mold blocker can be placed on the surface area prior to applying the wallpaper and it will protect against mold without affecting the adhesion. Although the mold blocker is an aqueous solution, there is no residual moisture, eliminating the lifeblood of mold spores.
Hotel owners and operators of properties with painted rooms should avoid the common approach of using bleach and then painting to cover the mold spots. That tactic is ineffective in the long run because moisture still exists. As a result, mold will likely regenerate, and lawsuits are certain to follow.
Industry professionals who understand the necessity of a proactive approach to mold should start by drawing up a protection and remediation plan. Discuss it with certified experts in the field before implementation. An inspection (air testing clearance), even when there appears to be no signs of trouble, should be considered an insurance policy against litigation should mold eventually be detected in the property. Mold is a threat to public health and a company’s bottom line. There can be no excuse for procrastination.
David Conner is president of MoldStoppers a mold eradication and remediation company in Southern Pines, NC, which specializes in the use of environmentally friendly solutions for mold prevention. The company uses only certified, factory-trained personnel for prevention and remediation. For more information, please call (866) 448-1508 or visit the website at www.moldstoppersonline.com.
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© 2012 Penton Media Inc.
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