Can You Sue If You Get Sick From Mold?
Yes, you may file a lawsuit if you get sick from mold exposure. The likelihood of successful litigation depends on certain factors that should be discussed with a lawyer to see if your case should proceed to court. Some things to take into consideration for a case concerning mold:
- Causation: You need to establish a clear link between your mold exposure and your illness or damage. This can include medical records, tests, dates, photos, etc. You should consider expert testimony to demonstrate the link between the mold and your issues.
- Negligence: If you claim negligence in your mold lawsuit, you need to show that the responsible party (landlord, institution, etc) failed to properly fix any water issues or leaks, failed to properly maintain the property, and/or failed to prevent and remediate mold growth.
- Duty of Care: Landlords and other responsible parties have a duty to provide a habitable and safe dwelling. If they fail to do so, putting residents at risk, they may be able to be held accountable for any resulting harm or damage.
- Landlord-Tenant Laws: You will need to look at your local laws, but tenants may have rights regarding mold issues regarding the condition of the rental property. If those specific local laws are violated by the landlord, the tenant may have grounds for litigation.
- Damages: If you can demonstrate documented damaged suffered from mold or mold-related sickness, you can seek to gain compensation. This compensation may include medical expenses, pain and suffering, lost wages, and other relevant costs.
Mold-related lawsuits may be complicated and outcomes will vary based on local laws and specifics. If you believe you have suffered mold-related injury in a case where another is responsible, you should seek legal counsel experienced in personal injury or premises liability law. They will evaluate your case and guide you through the legal process.
Lawsuits Won Against Mold
While the success of a mold lawsuit depends on individual circumstances and local laws, it can be helpful to examine successful cases 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.
Two Women in Delaware
Two women in Delaware were awarded $1.04 million because their landlord failed to fix leaks which led to mold in the residence, as well as claimed health issues as a result.
A Homeowner in California V Allstate
A homeowner in California was awarded $18 million against Allstate Insurance because of their refusal to approve claims for mold damage. The judge lowered the jury’s award down to $3 million.
Celebrity in Los Angeles loses big
In October 2012, former NBA player and coach Rudy Tomjanovich and his wife were ordered by a Los Angeles County Superior Court to pay over $2.7 million in compensatory damages and $250,000 in punitive damages. Plaintiff had purchased the Tomjanovich’s Pacific Palisades home in 2007 and alleged that they failed to disclose the existence of water leaks and mold in the residence during the sales transaction.
Renter in Oregon
On December 9, 2011, an Oregon jury returned a verdict of $103,000, plus attorneys’ fees, against a property management company. The plaintiff, a radiologist, had rented a home managed by the defendant. When a water leak occurred in a stairwell, plaintiff advised the defendant property management company. Despite the complaint, no repairs were made and a strong musty odor developed.
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