You can sue your landlord for mold:
The intentional harm often depends on the actions of the employer and knowledge that the toxic mold already exists in the building. One option to sue the company is possible when workers’ compensation laws are no longer in place for the case or where the exception exists. The actions of the employer may lead to litigation.
Exposure to toxic mold can warrant a personal injury or property damage lawsuit. Depending on the circumstances of the incident, a toxic mold lawsuit can be brought against various liable parties. For example: A landlord or property management company responsible for maintaining a safe environment.
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").
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.
If you think your health is being affected by mold exposure, speak with a doctor or allergist. Everlywell offers free shipping on their at-home Indoor & Outdoor Allergy Test. It measures your body's response to 40 common allergens.
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.
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.
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.
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.
Toxic mold exposure is also connected to more serious, long-term effects like insomnia, memory loss, trouble concentrating and confusion. Mold exposure contributes to depression and anxiety. It can even lead to muscle cramps, numbness in extremities, weight gain, light sensitivity and hair loss.
As you kill the mold and there are less organisms in your body, you will start to feel better. It took my husband six months to become free and clear of mold while it took me a year and a half.
Each person's body is affected by mold toxicity in different ways. Some experience constant migraines and headaches, shortness of breath, brain fog, fatigue or even depression. Since symptoms differ from person to person, they may not be quickly associated with mold exposure.
Imaging test. A chest X-ray or computerized tomography (CT) scan — a type of X-ray that produces more-detailed images than conventional X-rays do — can usually reveal a fungal mass (aspergilloma), as well as characteristic signs of invasive aspergillosis and allergic bronchopulmonary aspergillosis.
Symptoms of mold exposure may include headache, sore throat, runny nose, coughing, sneezing, watery eyes and fatigue. In those with asthma, asthma attacks can occur. In those with impaired immune systems, serious infection can occur.
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.
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.
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.
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.
The most commonly recovered damages are compensatory damages. Damages can be recovered for losses, including: Repair costs;
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 ...
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.
Robert Maizel is a Multi Million Dollar Verdict Winning Attorney who specializes in helping clients who have Mold Exposure, Toxin Exposure and Chemical Exposure Injuries. Most cases related to Mold Exposure, Toxin Exposure and Chemical Exposure Injuries come from Property Damage Losses that occur right in our client’s homes.
Robert Maizel is an Experienced Trial Attorney in Philadelphia with over fifteen years of trial experience.
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
Prepare and send a legal reminder to speed up mold remediation since you are entitled to a habitable living place. Arrange tests verifying the existence of mold or air quality standards. Examine the causal relationship between mold and your condition with appropriate experts.
If a court finds a wrongful act occurred, you may receive compensation for injuries, pain and suffering, loss of work, or other related costs incurred because of mold exposure.
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.
Children and people with immune deficiencies are especially susceptible to health problems from mold. If you have been exposed to toxic mold, an experienced attorney may be able to help.
Water leaks, flooding, and poor humidity control all can create environments in which dangerous molds flourish. Removing such molds is vital to in preventing TMS, but can prove difficult. If walls or ceilings are heavily contaminated, the entire structure must be removed.
Understanding Toxic Mold Syndrome: Toxic Molds Syndrome (TMS) is the term used to define illnesses that arise from exposure to spores of certain molds. These specific molds produce a poison called a. Toxic Molds Syndrome (TMS) is the term used to define illnesses that arise from exposure to spores of certain molds.
Yet, stories continue to come in of certain day care centers or nursing homes kept in disrepair that allow mold to develop and expose children and seniors to these dangerous spores. It is important to note that most mold forms are harmless.
Anyone with allergies or chronic respiratory disease may experience more pronounced symptoms from exposure to these molds.
For instance, the mildew that most everyone has seen on bathrooms tiles or under lawn furniture is usually not toxic. But, although most molds are harmless, several mycotoxin producing molds can also develop in the kind of environments described above.
If you have persistent flu-like symptoms, and a doctor believes it may be due to mold exposure, a mold exposure attorney will help you understand what you are entitled to legally. These instances are is in cases of mold exposure found within rental property, or places of employment.
Many victims of mold exposure go for months or years without a proper diagnosis. If you have suffered from, or are presently struggling through the health symptoms of toxic mold exposure, you may be entitled to restitution based on state and local laws.
Mold requires moisture to flourish. In buildings with dampness, water damage or high humidity, toxic mold can become a serious concern. Mold spores detach from moisture-laden areas and can quickly spread to contaminate air in the area beyond the original water intrusion.
If you are concerned about mold exposure at your workplace, it is important to consult with your physician and explore your legal options with the help of a qualified attorney. You may be entitled to file a worker’s compensation claim. In some cases, you may also have a toxic tort claim against third parties.
PA: (215) 576-0100. NJ: (856) 667-8888. Give us a call to schedule your free consultation if you’ve suffered health or property damage due to mold. You are likely entitled to compensation.
If you notified your landlord that there is a water leak or that there is visible mold in the rental property, but your landlord has neglected to fix or remediate it ; If you have any uninsured/unreimbursed past and future medical expenses due to mold exposure; If you have lost wages and will lose wages in the future due to your condition;
Toxic mold is usually caused by water damage from a small leak over time or burst water pipes that are repaired, but the resulting moisture held in drywall or carpet or furniture is not remediated. If a property floods, mold will grow if the affected building materials and furniture are not removed and replaced.
The EPA asserts that water damage must be addressed within 24-48 hours to avoid toxic mold growth. In other words, if it has been longer than that since water damage occurred to your rental property and that water damage has gone unaddressed, you will have mold growth.
Mold can enter a property through open doors, windows, vents, and heating and air conditioning systems, via damage to the property that allows water in, or through a flood.
The landlord may be insured against mold, but if not, he or she is ultimately responsible for keeping the rental property in habitable condition – which means, he or she is responsible for fixing water leaks and remediating the resulting mold.
Yes, you can sue your landlord for mold issues. Whether you’ve just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation.