The school my kids attend recently discovered toxic black mold. They have been experiencing symptoms. Can I file a lawsuit?

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My son and daughter began experiencing nausea and dizziness at about the same time at their public middle school two months ago. The doctor couldn’t figure out what was causing their symptoms and sent them back to attend their classes. Recently, the school closed after a large amount of toxic black mold was found throughout the central air duct system. Can I sue on my children’s behalf?



Many complex tort issues become involved when you try to sue any type of government entity, including a public school. A local attorney should be able to explain all of the technical details of such lawsuits to you.

Given your prior efforts to find out what was causing your children’s health problems, you may have established proof that they were, indeed, suffering from the toxic black mold that was later found. Ask you lawyer if there are specific medical tests and treatments you should obtain for your children now. Find out if it will be safe for your children to return to that school in the future.

If the majority of students were not complaining earlier of health problems similar to those of your children, your kids may just be extra sensitive to different types of mold. Be ready to have your house fully inspected for toxic black mold if you do sue, since the school might try and claim that your kids were actually reacting to the mold growing in your home, as much to any that was present in the school.

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