0:342:08Local attorney has advice on winning mold cases in court - YouTubeYouTubeStart of suggested clipEnd of suggested clipThey have to take steps to investigate. And correct the problem if there's a water leak that'sMoreThey have to take steps to investigate. And correct the problem if there's a water leak that's creating the mold. And they would want to investigate where that water is coming from.
If you have developed health problems, suffered property damage, or incurred other types of losses because of a mold infestation, you may be able to file a legal claim to get compensation for your injuries or losses, including the cost of getting rid of the mold (called "mold remediation").
The most common symptoms of mold exposure include:Coughing.Postnasal drip.Sneezing.Dry, scaly skin.Itchy eyes, nose, or throat.Nasal congestion.May 26, 2021
These conditions include asthma (either newly diagnosed or worsening of existing asthma), the lung conditions called interstitial lung disease and hypersensitivity pneumonitis, sarcoidosis, and recurring cold-like symptoms, sinus infections, and hoarseness.
It is usually calculated as a percentage of the rent you paid while living in the conditions. A completely uninhabitable property could get 100% of rent as compensation, but this is incredibly rare. More typically, compensation would be between 25% and 50% of your rent, according to legal experts.Nov 25, 2021
Psychiatric symptoms that are potentially caused by exposure to toxic mold include memory, focus, and word recall issues, confusion, insomnia, chronic fatigue, depression, and anxiety. The way signs of mold toxicity manifests varies from person to person and depend on the length of exposure.Dec 2, 2021
These symptoms usually first appear 2 to 9 hours after exposure and last for 1 to 3 days. Other affected persons have progressive shortness of breath and cough, as well as weight loss. Work-relatedness may only become apparent over long holidays if symptoms resolve and then recur on return to work.
There are no proven tests that show when or where you may have been exposed to mold. But your doctor may check for mold allergies by reviewing your symptoms and performing one of the following tests: Blood test.Jul 30, 2021
A quick test for mold can be done when you dip a swab in diluted bleach (1 part bleach, 16 parts water) and dab it on the wall. If the spot quickly lightens (or keeps coming back after cleaning), assume it's mold.Feb 24, 2022
It's also possible for mold to form a ball in your lungs. This condition is called aspergilloma when caused by an Aspergillus mold. The ball most often stays in your lungs but can lead to tissue damage. Symptoms commonly include shortness of breath, cough, or coughing up blood.Aug 18, 2021
Inflammation: Mold spores act as irritants, which can trigger the body to mount an immune response. This can lead to inflammation throughout the body. Inflammation in the brain can impair cognitive function, and in the case of chronic inflammation, this can lead to long-lasting cognitive impairment.May 21, 2020
Arrange tests verifying the existence of mold or air quality standards. Examine the causal relationship between mold and your condition with appropriate experts. Investigate workmanship, materials, and other construction aspects which may have caused the toxic mold.
If you sustained personal injuries or property damage caused by mold or are having difficulty obtaining landlord mold clean up, an experienced attorney may: 1 Prepare and send a legal reminder to speed up mold remediation since you are entitled to a habitable living place 2 Arrange tests verifying the existence of mold or air quality standards 3 Examine the causal relationship between mold and your condition with appropriate experts 4 Investigate workmanship, materials, and other construction aspects which may have caused the toxic mold
Symptoms of Mold. Headaches, dizziness, difficulty breathing, and other irritations. Damage to lungs, allergies. Invasive illnesses and damage to major organs. Whether your exposure to poor air quality standards from mold occurred in the home or elsewhere, an attorney may be able to identify who might be responsible.
Toxic mold, including black mold, starts growing in moist damp places and expands to create a contaminated home or building. It releases spores and mycotoxins (poisonous toxins) that affect air quality and cause health problems.
A mold attorney will be a personal injury lawyer with experience in toxic mold claims. Toxic mold claims are complex and require a great deal of expertise. There are multiple areas of law that may be involved, including breach of contract claims and personal injury claims.
Mold is an organism that develops in places where there is excessive moisture. This can happen when a home or building experiences a water leak such as a pip leak, a flood, a roof leak, or any other way in which water can enter. Mold can cause property damage. Mold removal, also called mold remediation, can be costly and time consuming ...
Common places for mold to grow in a building are: In an air conditioning unit; In a basement that has flooded; Beneath a refrigerator; Beneath a bathroom or kitchen sink; Around windows that leak; On a shower curtain; In a humidifier;
Two types of mold, stachybotrys chartarum and toxigenic aspergillus, may cause adverse reactions in individuals. These are the types of mold attorneys and mold remediation companies often refer to as toxic mold. Adverse reactions to these molds can lead to life threatening issues.
Mold problems can also occur in areas that have experienced water damage. Many times, mold remediation will be covered under a homeowners insurance policy under water damage.
Stachybotrys chartarum is what most individuals are referring to when they say “black mold.”. It has a dark green or black appearance. The mold produces spores which are released into the air as it feeds on organic material in the building or home, such as drywall or carpet.
Homeowners may encounter toxic mold issues due to poor construction with mold prone materials, even in newly constructed homes. Homeowners may be able to sue inspectors, homebuilders, real estate brokers, or anyone else who may have caused the mold issue or had a duty to disclose the mold issue;
When Is The Condo Association Responsible for Water Damage and Mold? Gallery
In Florida, water and mold damage to the drywall of the walls and ceiling of condominium units is a frequent problem. When unit owners bring water and mold damage issues to the attention of the condo association, many associations usually try to point the finger at someone else.
We frequently receive calls from tenants asking, "how can I break my lease because of mold"? A tenant residing in Florida has certain legal rights when the landlord fails to maintain the premises.
Many of our clients are tenants who were unaware that Florida’s Landlord-Tenant statutes protects tenants from living in sub-standard living conditions. If you are being exposed to toxic mold, you need to take action. Toxic mold may affect your health and damage your personal belongings. If you are renting an apartment, condo or home that has a mold problem that was caused by the Landlord’s neglect, the law gives you the opportunity to provide a written notice to the Landlord which requires the Landlord to remediate the mold problem. Click here for a sample 7-day Notice to Cure. If the Landlord fails to fix the problem within a 7 day period of time, the law allows you to terminate your lease and move to a new place. Alternatively, if you are unable or unwilling to move out immediately, once you give the proper legal notice, you can withhold your rent until the Landlord repairs the mold issue. Once you terminate the lease, you are no longer responsible for the rent. However, providing the correct written notice to the Landlord must be done very carefully and must meet all of the requirements of the law in order for it to be effective. For these reasons, we recommend you contact us for a free case review.
Although you may see visible mold growth or a musty mold odors, sometimes mold grows behind walls, underneath flooring, in the ceilings, or even in your air conditioning ducts.
The effect of mold on your health. Although every person has a different health reaction to mold exposure, certain symptoms have been recognized as common among individuals who have been exposed to toxic mold or are living in a water damaged environment.
Once you terminate the lease, you are no longer responsible for the rent. However, providing the correct written notice to the Landlord must be done very carefully and must meet all of the requirements of the law in order for it to be effective. For these reasons, we recommend you contact us for a free case review.
Toxic mold may affect your health and damage your personal belongings . If you are renting an apartment, condo or home that has a mold problem that was caused by the Landlord’s neglect, the law gives you the opportunity to provide a written notice to the Landlord which requires the Landlord to remediate the mold problem.
If you suffer harm as a result of toxic mold exposure, you may sue those responsible for your illness, structural damages, and remediation costs -- including:
Medical. You may have a claim for medical testing and treatments if you have suffered an illness because of a toxic mold problem at your home or place of work. Obviously, the amount of your claim will depend on the severity of your illness and resulting medical expenses.
Negligence. Negligence is the most common theory of recovery in mold cases. Negligence is described as the failure of a responsible party to work with the degree of care that a person of reasonable prudence would use under the same or similar circumstances.
Jean: “It doesn’t rain in my living room. I know that sounds silly. I mean, how could it? I have a two-story house and a brand new roof. But with all of the uncertainties in life, I take comfort in counting (and counting on) simple blessings like this.
Here are the most common sources of water damage (and potential causes of mold):
It’s never a bad idea to go into the claim process armed with as much knowledge as possible (kudos to you for reading this article. You’re already a step ahead.).
Above on step 3, where it says “Work with your claim associate to estimate repairs (your contractor can also give an estimate)”, I’d word it a little differently: get an estimate from your contractor. He’s going to be the one performing the repairs and sending you the bill, after all.