Due to the lack of state regulation and legislation around mold, and because determining whether a particular species of mold is toxic or not requires a trained scientific assessment, mold liability cases must be handled very carefully.
If you believe that there is a mold problem in your apartment, home, condo, or rental unit, it is critical that you follow the steps below in order to properly preserve and document your claim.
Step 1: Document Everything
It’s important to gather photographic evidence of the mold and water damage as it existed when the mold was first discovered and prior to any mold remediation being done.
Step 2: Test Your Mold
Hire a state-licensed mold assessor or mold inspector to come do a comprehensive inspection of your house, including taking an air sample in each room where the presence of mold is suspected.
Step 3: Give Written Notice
It is absolutely critical to 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. Because so much of your claim relies on your written notice complying with the law, we can assist you in drafting your notice to ensure that it is legally sufficient.
Step 4: Track Your Damages
You need to keep detailed records of your sick days, medical bills, receipts for other incurred expenses, and for any personal property that was damaged to use as evidence to the court that the landlord’s negligence caused financial losses.
Step 5: See a Medical Professional
Any 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. Other doctors that often treat and assess mold injuries include allergists, pulmonologists, and toxicologists.
Step 6: Call the Personal Injury & Accident Law Center!
After you’ve seen to your health and the health of your loved ones, you should call us here at the Personal Injury & Accident Law Center. We have experience in dealing with landlords and condo associations who want to deny you the right to live in a safe and habitable environment. We will advocate for you against the insurance companies and other organizations to ensure you receive the compensation you are entitled to.
If you believe you have been exposed to toxic mold, we can help. Be sure you follow the steps outlined above to ensure that you protect your rights and secure all the necessary evidence to create a winning case. You can call or text us at 561.372.3800 for a free, no-obligation consultation or click below to learn more.