Tenants that have suffered lasting or serious medical injuries or financial losses from exposure to toxic mold, may have the option to get compensation for their injuries through a personal injury lawsuit against your landlord. Though this should never be your first course of action, it is an option to protect your rights and your wellbeing.
Given that toxic mold injury claims are difficult to pursue and negligence is difficult to prove, you should do everything you can to properly preserve and document your claim as soon as you suspect that toxic mold may be the cause of your ongoing medical issues:
- Take pictures of the mold and water damage before any mold remediation is done. This photographic evidence will be important for your personal injury claim.
- Notify the landlord or condo association in writing as early as possible about the mold problem. Legally, if the party hasn’t (or can claim that they aren’t) aware of the issue, then they cannot be held legally liable for your damages.
- Hire a state-licensed mold assessor or inspector to do a comprehensive inspection of your residence. Testing the toxicity levels of mold is critical to connecting the mold to your injuries.
- See a medical professional who can assess your health problems. A mold liability claim will need to be supported by expert testimony from a licensed physician, preferably one with experience with mold exposure, as to your medical condition.
- Keep detailed records of sick days, medical bills, or other expenses you incurred due to the toxic mold injuries. Without evidence to prove you suffered damages, there will be no way for a court to “make you whole” (i.e. award you compensation).