found mould in my sandwich what lawyer do i call

Should you remove mold yourself or hire a professional mold remediation company?

After getting your mold test results and speaking with the mold tester, decide if you are going to remove the mold yourself or hire a professional to do it. This articles discusses when you should remove mold yourself, and when you should hire a mold remediation professional.

Who is responsible for black mold in apartment?

Due to the warranty of habitability, your landlord is responsible for removing the mold and should compensate you if you suffer any health problems from being exposed. Chances are your landlord will react quickly and get the black mold removed.

How can I avoid filing an apartment mold lawsuit?

To avoid such situations, make sure you do what you can to limit mold growth by ensuring air can easily move through and that the apartment stays clean and free of standing water. When you discover mold in your apartment, filing for an apartment mold lawsuit should not be your first step.

Who is the defendant in a food contamination case?

If you purchased contaminated food in a market or a restaurant, the defendant (s) could be any business in the food product's chain of manufacture and distribution. This could include any of the following entities: the producer who refined the food (i.e., the company that prepared the food for sale by, for example, canning, bagging, or freezing it)

Can you sue a company for moldy food?

You can certainly sue but to prevail you need to show meaningful damages. For example, you need to show you suffered illness and loss of earnings due to the moldy bread.

Can you sue a company for finding something in your food?

When this safety is breached due to something like finding an object in your food, a lawsuit can be filed against the restaurant, fast food chain, or other place of business responsible. All food establishments fall under food product liability laws.

Can you sue fast food for mold?

Unless you ate it, got sick and received medical treatment, no. Just ask for your money back and make a complaint with their corporate office or owner.

Can you sue if you get sick from mold?

If you're made sick by toxic mold, you may be able to sue for the failure to disclose or for negligence.

What can you do if you find something in your food?

What Steps Should You Take After Finding a Foreign Object in Your Food?Immediately alert a manager or server. ... Maintain and preserve all possible evidence, including the object itself, as well as the receipt for the purchase. ... Obtain the medical attention you need to protect yourself. ... Contact an attorney.

How do I complain about a foreign object in food?

Get in touch with your local Environmental Health department so they can get the specimen independently tested. Usually an analyst can figure out what exactly a foreign body is, and send you an official report. If necessary, an officer might decide to keep the food in for further investigation.

Can you prove food poisoning?

One way to establish this critical link is to visit your doctor and have urine, stool, or blood samples scientifically tested for food poisoning. If you can show that your test sample contained the same disease-causing microbes that were found in the contaminated food source, you will greatly strengthen your claim.

Can I get compensation for food poisoning?

If you have suffered food poisoning then you may be able to pursue a personal injury claim, if it can be proven that the fault was that of the third party. Because of the nature of food poisoning, it can sometimes be challenging to prove liability.

Can I sue restaurant for food poisoning?

So long as you can demonstrate where the food was purchased and that it made you ill, you could be eligible to sue the company responsible for food poisoning compensation.

How do you prove mold exposure?

Urine testing for mold is one of the most popular ways to test for mold exposure, as elevated levels of uric acid and other organic acids may indicate exposure to mycotoxins. These tests should be performed in a sterile lab testing facility and the results analyzed by a trusted medical lab.

How do you win a mold case?

In order to establish causation, the plaintiff must prove both “general causation,” that the particular species of mold is capable of causing the plaintiff's specific injury, and “specific causation,” that the plaintiff was in fact exposed to a dose of the alleged toxic mold sufficient to cause the plaintiff's injury.

Can you sue for being exposed to black mold?

Black Mold And Your Landlord's Responsibilities It may be possible to file a lawsuit against anyone who has caused or contributed to the presence of toxic mold in your home or other property if you or a family member have suffered health problems or property damage due to the presence of toxic mold.

What is a defendant in a food market?

If you purchased contaminated food in a market or a restaurant, the defendant (s) could be any business in the food product's chain of manufacture and distribution.

What is contaminated food?

In contrast, the term "contaminated food" is generally used for food that has a foreign object in it, like glass, rocks, animal parts, or pretty much anything else. A contaminated food claim is governed by state tort laws and also by federal and state food safety laws.

Is contaminated food a defective product?

Food is, after all, a product. So, contaminated food is considered to be a defective product. In a strict liability case, you don’t need to prove that the defendant was negligent. The language is different from state to state, but, in general, to hold a defendant strictly liable, you have to prove that the defendant put a defective product ...

Is food contamination a personal injury case?

Negligence in a food contamination case is just like negligence in any other type of personal injury case. You have to prove that the defendant did not act as a reasonable person (or more accurately, a reasonable business), would have acted in that situation, and that you suffered foreseeable harm as a result. In most situations where there is a foreign (and harmful) substance in food, it's almost always foreseeable that a consumer could be injured by it.

Gary Ralph Ilmanen

Pigs, Cows, Fish, and Chickens have bones, beaks, and feet. When animals are processed, particles, and sometimes pieces get mixed in. Nuts have shells, fruit has pits, vegetables have stems, and pebbles are scooped up during harvesting...

William John Light

If you went to the hospital with food poisoning, and were admitted for treatment, and it was determined what bacteria was causing the illness, and others like you, who also bought tenders at Target, also got food poisoning from the same bacteria, you might have a case. You can contact the Health Dept.

Robert Lee Marshall

Unless you kept the moldy chicken as evidence and have a doctor willing to testify that it made you sick, you have absolutely no chance of getting anywhere with a lawsuit. After the woman who planted a severed human finger in her fast food chili a few...

Rixon Charles Rafter III

General rule: No economic damages or physical harm---no lawsuit. Throwing up generally causes no long term harm. Likely nothing for a court do do for you. You can ask for coupons or free MickeyD's food, but that the best you can do. More

Brian Malcom Keith

Moldy or expired food is unappealing but rarely results in serious or permanent injury or illness that would justify expensive litigation. Besides, fast food is generally unhealthy ....

What does it mean when a restaurant is recklessly acting?

This means that the person will have to show that the restaurant intentionally or recklessly behaved in a manner that was so “extreme and outrageous” that it caused them severe emotional distress. The person will also have to show that they should be allowed to recover damages for being subjected to such conduct.

Why are bug cases so unsuccessful?

Another reason why these cases are so unsuccessful is because finding a bug in your food generally does not make you physically ill.

How to determine if you have a supportable claim?

The best way for someone to determine whether they have a supportable claim is to contact a personal injury lawyer for advice. If the lawyer finds they do have a supportable claim, then they will be able to discuss legal strategies and can help the individual prepare and file their case.

What to do when you see an insect in your food?

When an individual comes across an insect in their food while dining at a restaurant, they should immediately alert their server and document the evidence (e.g., take photos or videos of the incident before the plate is taken away; get contact information from witnesses, etc.).

Why do you need multiple incidents in a restaurant?

Lastly, the person should try and find out whether other customers got sick or found insects in their food. Multiple incidents can help strengthen a case because it shows that it was not just a one-time incident. This also may alert health inspectors to conduct an investigation because the restaurant may be in violation of the state or local health code. If they are in violation, then the restaurant can be shut down.

What does it mean when you have roaches in your kitchen?

Roaches, however, may mean that there is an infestation in the kitchen and the food might be contaminated . State and local health departments provide guidelines on when too many bugs equals a violation and the types of bugs that are direct violations of food safety codes.

Who is Jaclyn from LegalMatch?

Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Jaclyn holds a J.D. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. from Fordham University, majoring in both Journalism and the Classics (Latin). You can learn more about Jaclyn here.

How to take care of mold in your house?

1. If you have been suffering any illnesses that wouldn’t go away like allergies, itchy eyes, sore throat, headaches, fatigue, etc., go see your doctor and explain to him that you have mold in your home. Knowledge about the mold will help him to correctly treat you.

Can you clean mold without testing?

Many people make the mistake of cleaning up the mold without testing. It is important to know the type of mold your dealing with, and how bad the problem is. Most mold testers are engineers so they can give your home a thorough inspection to find all the mold.

Can mold be spread to other parts of the house?

Mold removal is a much more complex process than most people realize. You don’t want to spread the mold to other parts of your home.

How much did one man get for finding a dead mouse in his loaf of bread?

But it could all be worth it in the end. One man was awarded £17,000 after he found a dead mouse lodged in his loaf of bread.

What happens when an environmental health officer is confident an offence has been committed?

If the Environmental Health officer is confident an offence has been committed and enough evidence is available, they may consider formal action.

Can you open a container of a foreign body?

No, do not open the container – especially if it’s see-through. Taking the foreign body out could damage the evidence.

What to do if you find mold in your walls?

If you find any fungus within walls, no matter what color it is, call a professional mold eradicator to get rid of it. Trying to deal with the problem may expose you to unnecessary toxins produced by the mold or fungus.

What causes mold in the attic?

Keep in an eye for water spots especially on the ceiling just before the attic. 4. Pipes Leaking. Water leaking from a pipe is the most common cause of the growth of mold. The worst leaking is the kind that you can’t see, such as above a ceiling or inside a wall.

How to tell if mold is in pipes?

They can look anything from dripping, green slime, or a grey fuzz that looks innocuous. If there are spots in your walls that are peeling away or an amazing amount of room humidity, see if there isn’t a double leak in your pipes. Mold reaction symptoms can be as subtle as perpetual fits of sneezing or a running nose.

Why does my house smell musty?

When things in your house smell a bit more musty than they did, even if you have done an extreme general cleaning, your problem may be mold. One clue that mold is the reason for a musty odor in the home and not a lack of cleaning is if there is a stronger smell in one part of the home or a room corner.

What causes mold growth in a house?

Five Most Common Causes of Growth. The five most common causes of mold include water at the foundation, flooding, leaks in roofs, leaking pipes and poor humidity and ventilation. 1. Water In The Foundation. Look out for a build-up of water around your home’s base. This can lead to foundational problems for your home if there is a lot of water.

Why does mold make you runny?

The reason is that some species of mold produce mycotoxin, a substance that leads to headaches, problems with breathing, and even damage in the neurological system. Other symptoms may even include an annoying odor, sneezing, or a runny nose. There are other more subtle signs your home has mold.

How long does it take for mold to grow in a house?

Your home will be wet and it may take some time before your home becomes dry. It could take weeks to dry your home. This means that there is a great risk for the growth of mold. Remember that mold only needs twenty-four hours before growth occurs.

Who is responsible for black mold?

Due to the warranty of habitability, your landlord is responsible for removing the mold and should compensate you if you suffer any health problems from being exposed. Chances are your landlord will react quickly and get the black mold removed. If the landlord shows reluctance in fixing the issue and you are convinced that it is not due ...

What to do if landlord refuses to fix mold?

Filing a lawsuit should be your next move if the landlord refuses to address your mold issue.

Why do you have to limit mold in an apartment?

This is because tenants have certain obligations when they rent an apartment, and not doing your part doesn’t make the landlord responsible. To avoid such situations, make sure you do what you can to limit mold growth by ensuring air can easily move through and that the apartment stays clean and free of standing water.

How to deal with black mold in rental property?

Instead, you should contact the landlord or send him/her a notice immediately letting them know what you found.

What happens if you get black mold in your apartment?

You can seek compensation or reimbursement of expenses if the black mold in your apartment caused any of the following: Personal injury; Loss of work due to illness or because of time spent removing mold; Damage to your personal property due to mold contamination; or. Pain or suffering.

Why is mold growing in my house?

If you feel mold is growing because of a water leak due to a pipe that was your landlord’s responsibility to fix . Your landlord can be held accountable for addressing and correcting the mold problem.

What is black mold?

Technically known as Stachybotrys chartarum, black mold poses a serious threat to human health by causing respiratory problems, mental impairment, skin inflammation, and internal organ damage. Black mold thrives in moist, dark places that have poor air circulation like between walls or beneath floorboards.