what is a mold lawyer

by Maritza Ondricka PhD 4 min read

Can you sue for toxic mold?

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").

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 are symptoms of mold exposure?

The most common symptoms of mold exposure include:Coughing.Postnasal drip.Sneezing.Dry, scaly skin.Itchy eyes, nose, or throat.Nasal congestion.

Can I sue my landlord for mold in Florida?

The good news is if your rental unit has been damaged by black mold, you do have legal recourse. Suing your landlord is one of these methods. Enjuris Tip: You do have legal recourse when dealing with toxic black mold in your Florida rental, but suing your landlord should be a last resort.

How do you prove mold is making you sick?

How Do You Know If Mold Is Making You Sick?Allergy symptoms: Nasal stuffiness, itchy or watery nose and eyes, frequent sneezing, dry cough.Skin symptoms: Rash, welts, hives over the skin.Migraine: Fungal spores may trigger migraine episodes.More items...•

Is mold an OSHA violation?

Currently, there are no federal standards or recommendations, (e.g., OSHA, NIOSH, EPA) for airborne concentrations of mold or mold spores.

How do you test for mold in your body?

Blood test. A blood test, sometimes called the radioallergosorbent test, can measure your immune system's response to mold by measuring the amount of certain antibodies in your bloodstream known as immunoglobulin E (IgE) antibodies.

How long does it take to get sick from mold exposure?

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.

How long does mold stay in your body?

Those who process toxins well can see their symptoms disappear as quickly as a few days. Others who eliminate toxins slowly can experience symptoms for much longer. They could be ill for months or even years after the source of mold is eliminated.

Does black mold make a house uninhabitable?

Is Black Mold Dangerous? This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage.

What are my rights as a renter with mold Florida?

Under Florida landlord-tenant laws, mold resulting from a tenant's carelessness qualifies as excessive property damage. This means that the landlord will be able to deduct the cleaning costs from the security deposit when they move out.

How long does a landlord have to fix a mold problem Florida?

Per the statement above, the landlord has a minimum of 20 days to make the repair, after receiving written notice. The tenant may withhold rent for the next rental period and thereafter, during this time, until the repair has been performed.

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When Is The Condo Association Responsible for Water Damage and Mold? Gallery

When Is The Condo Association Responsible for Water Damage and Mold?

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.

Can a Tenant Break a Lease Because of Mold?

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.

What is mold in a house?

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 ...

Why do people have toxic mold?

These individuals are the most likely to experience toxic mold issues because they live in buildings that are older structures made with materials prone to mold. Poor building maintenance may also be a factor.

What are the two types of mold?

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.

What is black mold?

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.

What are the most common damages for mold?

The most commonly recovered damages are compensatory damages. Damages can be recovered for losses, including: Repair costs;

Which states have mold standards?

There are some states which have passed laws with regard to mold standards and guidelines, specifically referring to indoor air quality. California is one of those states, with the Toxic Mold Protection Act of 2001, it established mold remediation standards for contractors, owners, and landlords.

Does homeowners insurance cover mold remediation?

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.

What does an insurance attorney do for mold remediation?

Your Insurance Attorney understands how insurance companies operate. Coupled with their familiarity with the pertinent laws, these legal professionals may be able to help you get the money for the mold remediation that your home or office so desperately needs.

What causes mold in a basement?

Some of the most common causes of mold problems include leaky pipes, roof leaks, condensation, poor ventilation, flooding, dampness in basements and water that collects around the building’s foundation.

Is mold out of control?

Because mold tends to grow in dark, out-of-the-way places, it is not always easy to identify a problem until it is already well underway. In fact, mold infestations typically are not apparent to the casual observer until they make an appearance on interior walls, ceilings and floors. This is a concerning development, because it means that the mold problem within the walls, above the ceilings and below the floors is probably out of control.

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