Legal Recourse After A Mold Infestation
This depends on whether you own, rent, or work at the property. If you own it, your first place to turn should be your homeowners’ insurance policy. You should review the terms of the policy to see whether mold is specifically covered or excluded. If you had your home built on a vacant property, and the mold resulted from poor design by an architect or engineer, that party may be liable. Similarly, if poor construction materials caused a mold infestation, you may be able to sue a contractor, builder, or supplier. If you bought a home that was built by someone else, you may be able to sue the previous owner and their real estate agent for failing to disclose the mold infestation. You also may be able to sue the property inspector for failing to notice and inform you of the mold. If you bought a home in a condominium, you might have a claim against the condominium association.
If you are renting your home, the landlord should be responsible for dealing with a mold infestation and other major problems under the implied warranty of habitability. This automatically applies in most states, regardless of any language to the contrary in your lease or rental agreement.
For more information about landlord – tenant law, including a landlords obligation to address mold, visit Justias Landlord – Tenant Law Center.
Inadequate Heating Or Ventilation
Because mould and damp is often caused by too much condensation, if your work space is not sufficiently ventilated, the condensation can build up and eventually cause mould. The same goes for heating. Condensation is less likely to occur when a property is warmer and insulated properly, particularly on external walls as they will be a lot colder than internal walls.
How Much Can You Sue For Mold Exposure
If sued in the small claims court, you can expect to sue for $3-10,000 depending on the claim and the damage the mold exposure has caused.
There have been cases where individuals have won more depending on the severity of the mold. If an employer or a large corporation caused the mold, you could expect a larger payout then too. Generally, you can expect a few thousand dollars if you are suing for health-related issues or property loss. When completing your claim, be sure to note the exact cost at the point of purchase to get the correct money for your possessions lost to mold. In these cases, it can help contact a professional who can provide accurate information based on the small claims court near you and help accurately complete your claim.
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Black Mold Settlement How Much Is The Compensation For Toxic Mold Exposure In Annapolis
Written by ruxandraon April 7th, 2019
One of the first things people want to know is how much can they expect as a black mold settlement. You should know that there is no clear value for toxic mold exposure in Annapolis. As your toxic mold attorney in Maryland will tell you, it all depends on the particularities of the case. However, in case you have been exposed to black mold, you should get in touch with a toxic mold lawyer from Annapolis. You may have a very good chance at receiving compensation and justice. If you want to know what to expect in terms of black mold settlement, read further. We will discuss about a couple of cases that you may relate to.
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What Is Toxic Mold Syndrome
Understanding Toxic Mold Syndrome: Toxic Molds Syndrome 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 is the term used to define illnesses that arise from exposure to spores of certain molds.
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Can You Sue Your Employer
Yes, you can.
Lawsuits resulting from mold exposure and “sick building syndrome” are filed every day, and verdicts worth millions of dollars have been issued. By law, employers are supposed to ensure a safe and protected working environment for employees.
This means they must do the following:
- Check for any form of dampness in the building
- Install reliable HVAC systems to regulate indoor humidity
- Respond to any health or safety concerns that employees may report
- Create the right strategy for recording and responding to complaints relating to air quality.
- Create a response plan for the right remedial action
- Confirm that the applied remedy is successful
If they fail to meet the above requirements, you can sue your employer for a legal remedy. Fortunately, most employers act fast and hire reliable experts to ensure normal business operations during mold removal.
How Our Mold Cases Attorneys Can Help
Mold in the home can seem insignificant and, often, it is. However, large amounts of mold or toxic mold could lead to adverse health effects and structural damage within the home, both of which can be costly. If you are being exposed to mold, you have legal rights and you may be able to bring forth a claim for damages against the responsible party.
Our mold cases attorneys at the Law Office of Steven D. Barnette, P.C. can help. We will investigate your case, bring in experts who can assess the cause of the mold growth and its likely impacts, identify the liable party, bring forth a claim, negotiate your settlement, and more. Our goal is to make sure you get the compensation award that you deserve.
To learn more about what to do if there is mold where you live or work, please call our Virginia mold attorneys directly today for a free consultation. We are here to help you!
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What Should You Do About Mold In The Workplace
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 workers compensation claim. In some cases, you may also have a toxic tort claim against third parties.
Other Contractors Or Safety Managers
Even if your employer cant be sued, there might be other people at your job site that share liability. If there are other contractors working with you, and their actions end up provably causing your injury, you might have a claim against them. Large construction sites will have a safety manager whose job is to make sure that everything is safe before and while employees are working. If they have not done their job properly, there could be some compensation available on that front.
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Is There An App To Test Air Quality In Your Home
Netatmo indoor air quality monitor tests for CO2, temperature, humidity, and noise. The app provides easy-to-read indicators of air quality via an LED strip on the device, and sends notifications to your smartphone. Key Feature: Connect Several Devices throughout your home and monitor them all with the app.
Posted on March 3, 2021 by Habitability Defects, Mold
If youre subjected to any type of mold exposure, you should be concerned. When toxic black mold is involved you should be even more alarmed, due to its reputation for causing illness. If you have mold in your apartment, you will want to know whether you can sue your landlord for any harm youve suffered.
Who Can Bring A Toxic Mold Lawsuit And What Evidence Is Necessary For A Claim
In most cases, an individual who has been personally injured by exposure to toxic mold has legal standing. An individual with standing in a toxic mold case usually includes:
- Tenants, or individuals who lease their homes. 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.
- 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
- Employees, who may be able to request workerâs compensation if the exposure to toxic mold in the workplace lead to health problems or disabilities
- Government agencies who may be able to sue contractors and/or inspectors for their employeesâ toxic mold injuries and
- Other parties such as parents of children who were injured because of toxic mold in their home, school, camp or other place, who can sue on the childrenâs behalf.
The success of a claim is depending on the quality and quantity of evidence. In order to succeed in a toxic mold claim, an individual must show:
The best ways to prove these elements are:
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Harmful Types Of Mold
While any type of mold can cause harm if it exists in a sufficiently high concentration, there also are certain types of mold that are known to be toxigenic. This means that they release molecular toxins through their spores, which can cause harm from exposure in less substantial quantities than other forms of mold. Toxigenic types of mold are relatively rare, but one example is stachybotrys chartarum. This is often known as black mold and tends to arise in buildings that have suffered from flooding. Not all types of this mold are toxigenic, although those that are may cause serious harm.
Another example of toxigenic mold is aspergillis, which is somewhat less hazardous but more common. It can be found in a wider range of environments than black mold. Again, not all types of aspergillis are toxigenic.
What Are The Symptoms Of Long Term Mold Exposure
Mold is also known to cause asthma and life-threatening primary and secondary infections in immune-compromised patients that have been exposed. Toxic mold exposure has also been linked to more serious, long-term effects like memory loss, insomnia, anxiety, depression, trouble concentrating, and confusion.
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Who Has Liability For Toxic Mold Sickness
If youre made sick by toxic mold, determining who may have liability can be challenging. Defective building materials, substandard construction work, a defective structural design, or the negligence of the owner or a former owner could all be important factors in determining liability.
If you buy a house or some other property or structure in or near the Chicago area, speak directly with the seller as well as with your realtor regarding toxic mold. Make sure that a home inspector has checked thoroughly for toxic mold before you buy any home.
If you rent your home and you get sick from toxic mold, your landlord may have liability if he or she was or should have been aware of the toxic mold and did nothing about removing it.
Whos Responsible For A Mold Infestation
If you have a mold infestation in your home, you surely want it remedied. Not only may you and your family be at risk of adverse health events as a result of mold exposure, but mold can also lead to structural damages. Heres a list of against whom you may be able to file a claim for mold depending on where the mold is located and your relationship to the property
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Mold Exposure For Workers Compensation And Civil Cases
Mold exposure is a common cause of workplace-related illness. Additionally, toxic mold exposure can occur in the home. If you are renting, your landlord has a responsibility to either prevent mold from occurring or taking action to get rid of the mold. You may file a personal injury lawsuit against your landlord for damages if they are negligent in this regard
What Illnesses and Symptoms Does Mold Exposure Cause?
The severity of an individuals reaction to mold spores varies from mild to deadly, and can cause serious and lasting repercussions if exposure happens at a very young age. According to the Centers for Disease Control and Prevention , the following symptoms and illnesses can be caused by mold:
- Nasal stuffiness
- Mold infection within the lungs
- Severe upper respiratory tract symptoms for those who suffer from asthma or hypersensitivity pneumonitis and
- Early life mold exposure may cause asthma in otherwise healthy children, especially for those who are genetically predisposed to asthma, though more research is needed.
Mold in the Workplace
Civil Lawsuit against Landlord
Contact a Workers Compensation or Personal Injury Lawyer Today
If you or your family members have become sick due to mold exposure, either on the job or at home, do not hesitate to contact a West Palm Beach attorney today with the law offices of Celeste Law Firm today. We can begin working on your case immediately.
Resources:
osha.gov/dts/shib/shib101003.html
cdc.gov/mold/faqs.htm#affect
Microbial Volatile Organic Compounds
Substances known as microbial volatile organic compounds are powerful irritants associated with mold exposure. This particulate matter is released directly into by fungal organisms, often giving off strong or unpleasant odors. Exposure has been associated with symptoms such as fatigue, nausea, headaches, dizziness, and sinus irritation.
Some of the more common symptoms of mold exposure are nasal congestion, sinus infections, irritated eyes, scratchy throat, fever, headaches, smokers cough, chills, and weight loss.
As an attorney who represents Chicagoland clients in Workers Compensation claims, I fight for victims every day to gain the benefits they deserve. With the risks posed by exposure to toxic mold, I want to offer some suggestions that will reduce the likelihood that you will suffer from such exposure at work.
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Mold In A Building You Own
If you discover a mold infestation in your home, apartment, condominium, vacation home, or some other building that you own, below is a list of the type of defendants who might be liable.
If you file a lawsuit you can include all parties who might reasonably be wholly or partially responsible for the infestation — you don’t need to choose between defendants. There may be more than one defendant in each of the categories listed below, as well as other types of defendants not listed, depending on the specific circumstances of your case.
Homeowners’ insurance. In most cases, your first stop should be your homeowners’ insurance policy. Whether your policy covers your type of mold infestation will depend on what the policy says. You’ll need to carefully read the policy to find out what it covers and what it specifically excludes from coverage.
In dealing with your insurer, you have at least one ace in your hand. Insurance companies are bound by a legal doctrine called the “covenant of good faith and fair dealing,” meaning that, in dealing with a policy-holder, the insurance company is held to a heightened standard of conduct.
In practical terms, this means that if your insurance company drags its feet, tries to trick you or wriggle out of the terms of your homeowners’ policy, or otherwise plays fast and loose with you, you may have an additional legal claim against it for violation of the covenant of good faith and fair dealing.
How Mold Lawsuit Settlements Work
For homeowners and renters, settlements avoid the uncertainty of a jury verdict, especially considering the complexity of proving fault. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. Defendant owners and landlords, likewise, typically prefer the finality of settlements and the lack of negative media publicity that would result from a verdict.
When arriving at a dollar value for total damages, plaintiff’s attorneys typically review verdicts and settlements reached in similar toxic mold cases. However, attorneys tend to “discount” this total amount with respect to its likelihood of succeeding at trial. So if the plaintiff has a fairly strong case and proof of toxic mold infestation, but with a sliver of doubt as to the causation of the illnesses, the base settlement amount may be discounted by 30 percent or so.
Plaintiff’s attorneys will then write a “demand letter” for settlement to the defense counsel, who will then discuss the proposed settlement with the defendant’s liability insurance carrier. In addition to the demand letter, the plaintiff’s counsel will include a settlement brochure detailing its claims and urging the defendant to settle the case. Finally, legal counsel for the two parties will negotiate until they reach a satisfactory compromise settlement.
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Hiring A Toxic Mold Lawyer In Florida
An attorney specializing in toxic mold claims can assist you with your claim. This is a specialized area of expertise within personal injury law. Claims for toxic mold tend to be complex and require substantial expertise in the state of Florida. In addition to breach of contract claims, personal injury claims may also be involved. A toxic mold lawyer can evaluate your case and determine what claims you have, in addition to representing you in court. We can help if you or a family member has been injured by repeated contact with toxic mold. Please call us at Calandro Law about scheduling an initial consultation.
Schedule a free consultation today by calling us at 563-6463 or filling out the form on the right side of the page.
Average Settlement For Toxic Mold Lawsuits In Florida
Due to its humid climate, Florida may be more likely to be affected by mold than other places. If you suspect youve been exposed to and sickened by toxic mold through no fault of your own, you may be entitled to compensation. If the fault lies with an employer or a landlord avoiding the issue, you may have grounds for a lawsuit. How much could you stand to receive? That all depends on the circumstances of your case. At Calandro Law, weve seen our fair share of toxic mold claims and can advise you on what to do next if youve been chronically exposed to toxic mold. Contact us for a free consultation!
Recent years have seen a massive increase in mold litigation resulting in several multimillion-dollar jury verdicts. Although large verdicts for plaintiffs are well-publicized, defense verdicts in mold suits are seldom, if ever, mentioned in the media. There were almost no mold claims prior to 2000 and claim amounts were relatively low. Usually $5,000 or less. High-profile jury verdicts resulting in seven or even eight-figure sums have led to an explosion in mold litigations in the years since. According to medical opinion on mold-related disease, mold claim payouts in 2001 and 2002 totaled $1.3 billion, and in 2002, over $3 billion was paid. While there is no exact average
In this article we discuss what qualifies as toxic mold, proving liability, and damages that could be recovered due to toxic mold exposure.
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