what type of lawyer do i need to sue apartment complex for mold poisioning

by Hank Harber Published 2 years ago Updated 1 year ago 5 min read

If you are a homeowner or commercial business owner whose building is contaminated by toxic mold growth, causing adverse health effects and property damage, considering hiring a toxic mold lawyer. Toxic mold cases may include claims against contractors and suppliers for construction defects and faulty construction materials.

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How do I hire an attorney for a toxic mold lawsuit?

Mar 24, 2022 · I have been living in this apartment for 3 years my asthma and my high blood pressure has been acting up due to the living conditions I need help is there anyone who can help me with this matter . I am tired of paying rent and not living comfortably and also the apartment mangers have threatened to put me out so I need help ASAP .

Can I sue for toxic mold in my apartment?

Jan 19, 2017 · Ideally, you want to hire an attorney who has worked on mold-related claims before; and in fact some attorneys specialize in toxic mold cases. Since these types of lawsuits tend to encompass many different areas of the law, you will want an attorney who is familiar with the following: Toxic Torts Law; Personal Injury Law; Housing Law

What do I need to know about mold litigation?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-01-04_11-30-44. If you have a significant health impairment caused by mold, you'll need a lawyer to sue your landlord or other responsible party. In that event, the lawyer will have the mold tested for toxicity as part of the "discovery" phase of the lawsuit—that period of time when each side gets to ask for and …

Who is liable for toxic mold in a new construction home?

Realtor. The seller's realtor (who is an agent of the seller) may also be liable for selling you a home with a mold infestation. Property inspector. If you hired a property inspector to inspect your home before you bought it, the inspection company may be liable to you if it missed a mold infestation. You will need to carefully review the ...

Can you sue for toxic mold?

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

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 long does a landlord have to fix a mold problem in California?

However, there is a law mandating that landlords take corrective action to rid the unit of any mold found there. This means he or she must not only remedy the mold issue, but also the underlying cause. If a tenant finds and makes the landlord aware of significant mold in a rental unit, this must be done within 30 days.

What type of tort could you claim if your home has toxic mold?

Toxic Mold Injuries: Legal Theories of Liability

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.

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.

What does mold poisoning feel like?

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.Sep 17, 2018

Can I refuse to pay rent if there is mold?

A minor mold issue won't provide tenants with ample legal justification to stop paying rent.

Can I break my lease because of mold in California?

Abandon your rental unit. California law allows renters to move out of their rental unit if it is defective. Since mold breaches the implied warranty of habitability, rendering your unit substandard and a threat to your health and safety, it qualifies.

Can I sue my landlord for mold in California?

If your landlord is found liable for your mold related illnesses, you may be able to sue your landlord for your damages. These damages typically include the costs of medical expenses such as past or future medical bills related to the condition, as well as lost wages and other financial losses caused by the illness.Aug 20, 2019

Is mold a toxic tort?

Toxic mold generally occurs because of water intrusion, from sources such as plumbing problems, floods, or roof leaks. It is this ageless life form that has spawned a new species of toxic tort claims and has had legal and medical experts debating the complex health implications that follow.Mar 26, 2018

What do you do if you inhale black mold?

Treatment

avoiding the allergen whenever possible.
a nasal rinse, to flush mold spores out of the nose.
antihistamines, to stop a runny nose, sneezing, and itchiness.
decongestant nasal sprays, a short term remedy for congestion.
nasal corticosteroids, to reduce inflammation.
oral decongestants, to reduce congestion.

What is involved in mold remediation?

Mold remediation is the term used to describe all the processes involved in eliminating harmful mold growth. It includes mold testing, removal, demolition, sanitizing, containment, and mold cleaning, depending on the type and location.Oct 26, 2021

Why is mold toxic?

The causes of toxic mold contamination are many, but often can be linked to defective building materials, negligent design or construction, or a failure to warn about a known problem. As such, those who suffer mold-related injuries may consider filing toxic mold claims.

Is mold a hazardous substance?

Most mold is harmless, but some molds create certain volatile organic compounds (VOCs) known to cause serious injuries after prolonged exposure, often in a home or workplace. The causes of toxic mold contamination are many, but often can be linked to defective building materials, negligent design or construction, ...

Is mold a fungus?

Mold is a kind of fungus found just about anywhere there's adequate moisture, lack of airflow, and the ideal temperature. Most mold is harmless, but some molds create certain volatile organic compounds (VOCs) known to cause serious injuries after prolonged exposure, often in a home or workplace.

Can you sue for mold exposure?

You have had to visit the doctor and get treated for mold exposure. If you don’t have medical insurance or your insurance doesn’t cover all of your medical expenses from exposure to mold, you can sue and recover those costs as well as for the cost of future medical treatment.

Can you sue your landlord for 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.

What are the health problems caused by mold?

Health Problems That Are Caused by Mold 1 Asthma, in people who never had asthma 2 Frequent and more severe asthma attacks in people who have asthma 3 Lung Infection, especially in people with a suppressed immune response such as cancer patients undergoing chemotherapy, those with HIV, and those who have received a stem cell or organ transplant

What are the symptoms of mold?

Mold spores cause irritation and an allergic response if touched or inhaled. Symptoms of toxic mold exposure may include, but are not limited to: 1 Headache 2 Fever 3 Trouble breathing or wheezing or asthma 4 Irritated eyes, or tears and itching eyes 5 Coughing due to irritated throat 6 In severe or prolonged cases, memory loss

What is the phone number for mold damage?

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.

Does renters insurance cover mold?

Most renter’s insurance will cover mold damage to household goods, furniture, and personal possessions. Still, there may be an exception for mold that developed over time that you should have noticed earlier or an exception for mold that is present as a result of a flood. If you do not have renter’s insurance or your policy does not cover this ...

How does mold enter a house?

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.

Joseph Kelly Levasseur

Yes you can sue them for the costs of having to move and damages for the aggravation they put you through, but you should have called the local building department and had them inspect and cit the landlord. Once they were cited for mold, they would have had a duty to fix it before an inspection.

David W Degnan

Can you, yes. Should you, maybe. If you're looking for advice on whether your claim is viable, then you should consult with a real estate or landlord tenant attorney. Good luck.

What happens if you find mold in your apartment?

If you find toxic mold in your home, apartment, or other property, it could lead to a lawsuit, especially if there was a pre-existing problem with your building, or if clean-up wasn't done properly after a flood or other problem.

Can a landlord be liable for mold?

If you're renting your residence, your landlord or property manager could be liable for health problems and damage to personal property stemming from mold exposure (renter's insurance could also come into play to cover property damage). If you bought an existing home and now toxic mold has shown up, the previous owner ...

What happens if you buy a newly built home?

If you bought a newly-built home, architects, builders, and contractors could be liable if they performed sub-standard care, failed to obtain proper permits or inspections, or used faulty materials that allowed mold to develop. Depending on the specifics of the situation, your options might include a personal injury lawsuit, ...

How much can you get in small claims court?

Small claims court limits range from $1,500 to $25,000, depending on the state. Small claims courts may be a little easier to navigate on your own if you choose not to hire an attorney.

What are the violations of a lease?

Make sure that you have grounds for a lawsuit. Some of the most common landlord violations include: 1 Failing to provide a safe and habitable apartment or complex 2 Breaking terms of the apartment lease 3 Entering the apartment without the required notice 4 Failing to return a security deposit 5 Unlawful eviction 6 Discrimination

Determined to find answers on mold and landlord liability

Andrea contacted the City of Irving and Texas Health and Human Services, who sent out an inspector that advised her of tenants’ rights and said she did not think that the apartment was suitable for habitants without repairs.

No legal help for the mold and toxins – and still more questions

Despite approaching several attorneys, none has decided to take her case – there’s not enough money in it for them to make it worth their while.