Another year, another birthday, another anniversary and another year-end column. Prices are up and, hopefully, so are sales. The war goes on and more and more manufacturing jobs are leaving the U.S. Is this good or bad? We will leave that to the experts. We’re here for the legal news.

Air Quality And Mold
In lawsuits contending that toxic mold and/or dust caused by certain materials made them sick, sore, lame and disabled, plaintiffs continue to name carpet and other flooring producers along with suppliers and in-stallers of decorative and building materials.

There is much confusion in this area, as noted by the Carpet & Rug Institute (CRI) in its summaries of various news articles from around the world. For example:

A study commissioned by the German Allergy and Asthma So-ciety was recently presented at the German Allergy and Asthma Conference and concluded the average fine dust concentration in indoor rooms equipped with smooth flooring material is twice as high as indoor rooms equipped with wall-to-wall carpet;
An article in a Honolulu newspaper on sick building syndrome blamed carpet VOCs among many factors that contribute to it;
A story in a Minneapolis pa-per featured a family with asthma problems. They were convinced slate was the way to go because carpet traps particles, and
A feature in an Ohio paper which was also picked up by a Daytona Beach, Fla., paper said more and more people were in-stalling hardwood flooring in-stead of carpet because it was easier to maintain and more durable. It also mentioned people were getting rid of carpet to ward off allergies and hardwood was a much cleaner product.

Although the CRI continues to do its best to educate both the experts and the consumers regarding the benefits of carpet, many people who read such articles immediately run to their lawyers to see if they have a case.

Insurance
Because of the possibility of lawsuits regarding mold and/or air quality claims, it is important for every dealer to acquaint himself with the provisions of his liability insurance.

In view of the fact many insurance policies are now eliminating and excluding coverage from mold or pollution, it is important that retailers discuss these matters with their insurance providers so they do obtain the best type of coverage available.

Dealers should also verify that all their independent contractor installers do, in fact, have Workers’ Compensation Insurance. If they don’t and/or if they are hurt on the job, the dealer may very well be responsible for premiums to cover them and/or to pay their medical bills.

Recent cases taught us it’s not enough to simply have certificates on file. The retailers should verify that these are actually real and not fraudulent and that they do provide for the coverage required in their state.

Legislation
The U.S. Toxic Mold Safety and Protection Act was introduced to Congress by one of our congressmen. This bill, in addition to proposing industry standards for building products, would require extensive testing and inspection requirements with regard to mold and surfaces which are alleged to induce and/or encourage mold.It appears this bill has no real support and will not get far.

Asbestos
This is another issue that seems will never go away. Installers who worked with asbestos-related products years ago are, it is claimed, still developing asbestosis and cancer as a result. There is still talk in Congress of an attempt to set up a trust fund to be financed by the various asbestos manufacturers and insurers to pay these claims without the need for jury trials in each case. The current bill is moving along slowly.

Copyright Infringement
Some recent cases point out the difficulty in establishing that one manufacturer has duplicated the copyrighted rug or carpet designs of another. To prove a case the plaintiff must show that the defendant had access to the plantiff’s designs and that having such access, the design was, in fact, copied to the extent prohibited by law.

For the most part, however, the cases seem to rely upon the Judge, or the jury’s determination.