Lawsuits Won Against Mold Here are some examples of lawsuits resulting in high-dollar awards to those who suffered because of toxic mold: A Group in California A group in California was awarded $1.3 million for claims against contractors that performed work so poorly it caused leaks and allowed mold to enter their homes. Columbia, South Carolina 29223, Phone: (803) 788-4370 For those with mold sensitivities or certain health conditions, exposure to mold may result in: Even in people who do not have mold allergies or mold sensitivities, however, research indicates that exposure to mold can cause upper respiratory tract infections, shortness of breath, and the potential development of asthma. Florida, as with other states, sets out landlord/tenant law in both statutory and common law (i.e., court opinions). Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Growing wherever there is moisture, therefore especially common in bathrooms and kitchens, mold can have a variety of effects on health. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this. If insurance (at least your own coverage) doesn’t apply to the mold problem, or you’re thinking about skipping the insurance claim process and taking the matter right to court, it’s important to understand that all states have laws (called statutes of limitations) that require you to file a lawsuit within a short time after discovering the problem. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Mold in Illinois Apartment Results in Lawsuit. Furthermore, many types of mold found in a house or apartment are harmless. Typically, lawsuits such as these are filed in small claims court. Penicillin, for instance, is derived from mold. On October 30, 2006, a Maryland toxic mold lawsuit filed in St. Mary’s County resulted in a verdict of $270,000. Tenants at Barbour Garden Apartments in Hartford experienced unsafe conditions, including mold, mice and leaky ceilings. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. Can I File a Lawsuit? Who Is Responsible for My Workplace Injury? What Do I Need To Win? Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. Reviewers can be anyone who hires a lawyer including in-house counsel, corporate executives, small business owners and private individuals. When seeking damages in a toxic mold lawsuit, clients often seek both compensatory damages and punitive damages. Toxic Mold Lawsuits: Overview Toxic mold has been known to cause a number of severe injuries and health conditions, including respiratory problems, flu-like symptoms, headaches, and skin irritation. Water damage and mold exposure lead to asthma of mother and son in Vista, CA apartment. inspecting your property to assess the extent of the damage and get an estimate of the costs to remediate the mold problem, making structural repairs, performing new construction/contracting work, and taking other remediation-related steps to fix the problem and rid the property of toxic mold, housing expenses during repairs or for any period when the residence was not habitable, medical treatment made necessary by mold exposure (including costs of ongoing testing and monitoring) as long as you are able to prove a link between the presence of the mold and your health problems, lost income or reduced earning capacity (due to mold-related health problems), and, non-economic damages (including compensation for. of this site is subject to additional Mold has a bad reputation. 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. Jurors in recent cases have sympathized with tenants in mold cases as they have made substantial award. There are currently no federal laws, as well as very few state laws, that cover the landlord’s responsibility when it comes to mold or mold … We're here in an apartment dealing with a renter and a landlord, with an argument over mold. The Moldy Apartment Blues – Who Is Liable? In the case of toxic mold, this would cover any medical bills and related expenses for the treatment of health conditions caused by mold exposure. Your landlord has a duty to address the issue within a reasonable amount of time, however, remember that the landlord is responsible for structural defects (i.e. This rating signifies that a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. On January 1, 2016, New York State’s mold law went into effect. Toxic black mold, however, is harmful and dangerous. It's one of the most frequent complaints among California tenants, but until this year there was little they could do about potentially hazardous mold in their units. You should also photograph the mold in the apartment, and keep documentation of any contact you have with your landlord. Insurance Coverage and Mold in Texas Mold Lawsuit Settlements We are recognized for our success in bringing toxic mold cases on behalf of individuals who are injured or damaged by mold. Mold on the living room ceiling could spread and end up damaging your living room furniture. Marc Whitham, a tenant rights attorney, describes his experience renting a moldy apartment in 2007. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. It can lead to allergies, headaches, and even asthma-like symptoms. Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. So, if you have reason to believe there’s a problem with mold in your residence or other property, play it safe and let your insurance carrier know as soon as possible. People who submit reviews are clients of law firms who hired a lawyer within the last year, whose matter is not pending and who want to share their experience of that lawyer or law firm with other potential clients. Toxic Mold Lawsuit. Mold has a bad reputation. If you or a family member have suffered health problems and/or damage to your property due to the presence of toxic mold in your home or other property, you may have be able to file a lawsuit against anyone whose carelessness or negligence caused or contributed to the problem. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this. … However, only certain attorneys are qualified to handle these types of cases. The following information will help you understand your rights and legal options when you have been injured by black mold in an apartment or other rental unit. Can I File a Lawsuit? Personal Injury Lawsuit: Which States Follow Contributory Negligence? A Rhode Island man is suing one of New Hampshire’s biggest property developers for $60 million, alleging unchecked mold in his former Brady Sullivan apartment … I'm concerned because companies like these make money from lawsuits. Can I Sue if I Find Mold in My Apartment? All reviewers are verified as attorneys through Martindale-Hubbell’s extensive attorney database. If there's mold in your home, it's possible that someone else may be on the legal hook for your property damage and even health problems related to mold exposure. fax: (803) 788-7432 If your landlord refuses to take action, or if your health has declined significantly, filing a lawsuit against the landlord may be the only avenue to resolving the issue. You can only do this under very specific circumstances (see below). If you have renters insurance - and we recommend all renters purchase insurance for their own protection - it may cover the cost of some of your belongings if they are ruined by mold. Peake & Fowler Law Firm, P.A., is located in Columbia, SC and serves clients in and around Newberry, Lexington, Sumter, Allendale, Orangeburg, St. Matthews, Bishopville, Florence, Blythewood, State Park, Eastover, Columbia, Elgin, Irmo, Hopkins, Ridgeway, Lugoff, Ballentine, West Columbia, Kershaw, Camden, Dusty Bend, and Richland County, Lexington County, Calhoun County, Orangeburg County, Sumter County, Kershaw County, Newberry County, Fairfield County, Lee County, Clarendon County and Florence County. It is your responsibility to report these issues to your landlord immediately. Exposure to mold can lead to a wide range of health problems and mold in apartments can damage your furnishings and other personal belongings. A few different types of mold have been labeled toxic, most notably Stachybotrys atra. One of these states is Maryland (the others being California, Indiana, Texas, and New Jersey). Across the country, tenants have won multimillion-dollar cases against landlords for significant health problems—such as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma—allegedly caused by exposure to " toxic molds " in their building. Can I File a Lawsuit? How much time does a landlord have to remove mold from my apartment or house? Transcript for audioclip 27815 Many lawyers specialize in toxic mold cases, and you can use the links on this page to get matched with an experienced legal professional near you. The Client Review Rating score is determined through aggregation of validated responses. Owens claims her 16th-floor luxury apartment in BLT’s Beacon building — where she lived from October 2015 until January 2017 — was so infested with “mold … Mold is an environmental hazard that can cause concern among renters. Keep in mind that even if you have not suffered any injuries, your landlord is still responsible for ensuring that the apartment is habitable, and must remove mold as such. Renters need to notify landlords promptly, in writing, of any water leaks or moisture problems. If mold does exist, however, it could pose certain risks. Report the mold to the appropriate health code officials; or; File a civil lawsuit against your landlord, for damages. Mold and its associated health risks are a concern for renters everywhere. The claim was filed against a landlord by individuals who were injured by mold in the home they rented. If you have found mold growing in your apartment or rental home, it is time to contact your landlord. 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