Break The Mold: A Guide To Toxic Mold Litigation And Landlords

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If you rent your residence, you should be aware of property damage and health issues arising from toxic mold. Mold grows in moist areas like basements, showers, attics, or water-damaged paneling. The experts sent to analyze the mold by your lawyer and the defendant's lawyer will often be at odds about the cause of injury or illness, which makes pursuing claims tricky. Here is some information about pursuing toxic mold claims against landlords.

Health and Toxic Mold Exposure

The term " toxic"  in relation to mold adds to the confusion, since all mold is capable of causing illness in high amounts. However, only 100 out of 100,000 types of mold are regarded as toxic, including penicllium, aspergillius, and black mold. Unlike regular mold, toxic mold produces a musty smell. It appears fuzzy, slimy, or powdery.

Little knowledge exists to prove an exact connection between toxic mold exposure and illness, though there have been many public cases citing mold exposure caused the illness. While mold doesn't always cause symptoms, it has been accepted that people with asthma, lung conditions, the elderly, or infants, are more susceptible to illnesses from toxic mold exposure. Some common symptoms of toxic mold exposure include:

• coughing
• sneezing spells
• skin rashes
• wheezing
• sore throat
• aches
• fatigue
• fever
• chest tightness
• shortness of breath
• nasal congestion

Landlord Liability

There are no federal guidelines or standards that establish exposure limits in residential buildings. Texas, Maryland, New Jersey, California, and Indiana are the only states with established guidelines on mold exposure. In states without guidelines, implied warranty of liability says landlords must maintain a safe environment for occupants, regardless of the clauses in your lease, which try to absolve them of the responsibility.

Recovering Damages

You have several ways to recover damages:

• Negligence. Negligence means the defendant failed to act in a way a reasonable person would under the same circumstance. If you informed the landlord of the problem, and they didn't fix it within a time period, they committed negligence.
• Medical. You are entitled to damages for medical treatment and testing. Seek medical attention as soon as you notice symptoms. If you have renter's insurance, it will only cover property damage to a certain amount, and not medical costs.
• Property damage. It is still possible to recover damages to property not covered by renter's insurance even without an illness. Items destroyed by toxic mold sometimes cannot be saved -- like furniture or rugs you purchased.

Recovering damages from toxic mold is challenging, but not impossible. If you don't have a personal injury attorney, consider hiring one, like those at Trammell & Mills Law Firm LLC, to help you with the complexities of law.

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18 December 2015