Thursday, March 14, 2019

Toxic Mold Litigation

Do I Have a Mold Case?

Mold is a big problem in many homes across the country. Although it is often harmless, it can be toxic at times.

Toxic mold is associated with:

Respiratory problems

Skin irritation

Headaches

Flu- like symptoms

Mold usually festers in a dark, warm and damp place. If you are experiencing toxic mold growth in your home, it could be due to a construction problem, faulty pipes, or even poor construction designs.

So, can you successfully sue your landlord or home insurance company if you suffer injury because of toxic mold growth in your home?

If you need Mold Cleanup in Tampa FL, read on to find out.

1.Evaluation

Before you sue your landlord, it is important to evaluate your case. There are certain facts that are pivotal to the success of your case.

For instance, what caused the mold?

If the mold grew due to a fault on your part, then you really don’t have a case against the landlord.

Also, what type of mold is it?

If the mold is not toxic, your case against the landlord or other party is very weak.

Another pertinent fact is where the mold is located and where it has spread to. Additionally, you will need to find out whether or not the mold is airborne.

If the specific kind of mold growing in your home is not airborne, it is unlikely that it will cause you any health problems, thus weakening your case significantly.

2. Have the Facts

In order to fortify your claim, you will have to keep meticulous records of any facts that are relevant to your case.

For instance, when did you first notice the mold growth?

Where were the leaks taking place?

Did anyone come to repair the faulty pipes?

Which company in particular carried out the repairs?

When were they done?

Did you inform the landlord? When?

When did you first start experiencing the effects of the infestation?

Did you have any tests carried out in your home?

When was this done?

What were the results of the test?

Having all this information will go a long way in helping your toxic mold litigation lawyer build a strong case for you.

3. When is the Landlord Liable?

For the landlord or even any other party to be liable, they must have known about the infestation.

Without the element of notice, they will most likely escape liability. Notice can be of two kinds: actual knowledge and constructive knowledge.

Actual knowledge refers to where the landlord has been specifically informed by the tenant or any other person about the toxic mold infestation.

Constructive knowledge on the other hand is presumed where there are facts that will lead a reasonable person to know that there is mold infestation in the house.

As long as the element of notice is fulfilled, the landlord is open to liability.

Conclusion

Toxic mold cases are often settled out of court. Most landlords are often reluctant to go to trial owing to the negative publicity that will result from a verdict.

Tenants and homeowners on the other hand usually seek to avoid the long and costly path of litigation.

As long as you have a good case, it is likely that you will be adequately compensated for any injury you may have suffered due to toxic mold growth in your home. If you have a question about needing mold abatement in Tampa, call us or email us.

Originally published Here: Toxic Mold Litigation

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