Only we are responsible of our own health. They have done nothing. When the carpet cleaning company came to suck up the water both times they didn’t dry it properly. I had told the maintenance men several times, but they deny it. When I walked over to ask for a sample of the mold the maintenance guy must had given it to the manager because she was out the door. Before moving here, I covered for government, covered 10 counties alone, seeing clients on parole “either in jail”, court houses, parole offices, ect, and I taught college night “only physical problem I had ever had was sinus, and allergies. Results of any mold tests that were conducted, including the date and company. Management comp sent in repair man to “clean” what they can see and repaint area. Then its a work comp issue if you are or get sick. I don’t know where to start or even what to do but my family is always sick and we even sense that something within the house is corrupting us all physically in which has really turned pretty emotional for me, as I want it taken care of. Since we, my self, my husband and our two small children moved into the house, there has been a constant problem to getting sick. When evaluating a mold case attorneys consider the following factors in preparing for trial or in evaluating whether a case exist: Mold is generally not considered as harmful if it is not airborne, so determining whether it was airborne or not is important. Plaintiffs can suffer from a number of different injuries. My son checked for mold in the attic all over bout 1inch thick,in bathroom,told landlord, he solving it by kicking us out, what to do, sue? You did the right thing. Hello Friends, The great man who cures all known diseases, Dr Sebi is a healer, pathologist, herbalist, biochemist and naturalist, who immigrated from Honduras and who has committed his life to the service of helping people cure their diseases. Why? Also, has a "nice restaurant and bar there "expensive", and made reference to that, stating she would no bother court, because anyone that mattered hang out at The Inn. They refuse to help w/the cost of moving. If there is black mold in your place there is LOTS of other stuff also. Our bedroom, the wall behind our bed is very cold and gets damp when it rains. But they want that cash. My husband has had pnemonia 3 times and bronchitis once in 10 months. we need a lawyer just for the emotional distress of living here never mind the mold, etc. They lied about that. The doctor gave a pamphlet for their lawyers but its more like legal aide lawyers. I had to focus on Fiberglass in lungs, cellulose and the odd fact I had a year and a half left on my lease which was of value. I even notice when I walk in the house, a musky smell. my son sleeps a lot and has stomach problems. You would also be in violation of OSHA requirements for making your crew work in that room without remediation precautions and procedures. Under such instances the landlord will be charged with notice. Copyright 1999-2020 LegalMatch. I have been having breathing problems now for 3 months and I have told my landlord and he has said that h will take care of the problem but has yet to even look at the house. Does she have a case or since she knew and agreed to the mold she is stuck? The city manager suggested me look for another place to live immediately. The mold spot was larger in 2013 than this time. The house I’m renting has mold and i’s in the air conditioning ducts. You should find one that is biosign labs in NY but have places all over the USA to go get your blood drawn. They even 2 years later paid ON THE SPOT a business man who claimed sewer backup and the city say THEY will put on THEIR insurance, AND pay the co-pay with EMERGENCY insurance! None of this information was disclosed to us when we first entered into staying at the house. Also if you have a productive cough where the dr can send the ” sputum ” to a lab to be tested, thats the best way to tell. We have mold bad in our place we rent and we told the landlord so many times his answer was move out but weirdest thing ever just recently started happening maybe a lil over a month ok I thought I was going crazy and I finally thought maybe I am cause I looked up what I was going thro and nothing came up besides a mental illness so I guess I was crazy until something finally poped up on internet there always felt like something was crawling on me but I couldn’t see anything my sheets blankets couch’s pillows would move but didn’t c anything well I’m not cazy come to find out it’s a kind mold with mites now I need to know how to get rid of it. Some cases however, also allege knowledge and failure to disclose, and others allege failure to repair or eradicate the mold properly once it is discovered. I had a friend go into my basement this weekend and he took pics of what he found. Be prepared as litigation can last for over 2 years and injuries can be difficult to prove. rug & it’s going under my bed. I desperately need to find a good local attorney who is familiar with these type of claims and see what if anything we have to do to determine if the mold present in the apartment could be the cause of or the reason the cancer became so bad. I have been off work going on 3 months now and I feel like death. There are very few laws that protect the tenant but Florida Statute ALLOWS you to terminate lease if landlord fails to cure water damage so do NOT let Landlord me you think you are being done a favor. I am able to take these to my Doctors appointments and then they “get it.” What is on the AC filters is in you. You can leave IF you even have the ENERGY to leave!!! Most attorneys dealing with personal injury matters take cases on a contingency basis. My landlord sent a handyman out to inspect and he cut out a 2×2 ft sectopn of the contaminated sheetrock from entry way to try to find where leak was coming from. Try negotiating with responsible parties – i.e., the landlord, insurance companies, etc – and, document your steps in writing. In addition to making a causal link from the existence of mold to specific illnesses, plaintiffs must determine who is ultimately responsible for the mold damage and how they may be liable. Again, emergency maintenance came out, stuck his finger in the latex paint to drain the water, patched it up and painted. The roof above the porch has really bad leaks which they will not fix and the mold is so bad the wind blows and its a strong oder but the walls and door I had to bleach monthly because Everything was caked up with mold. I moved in to my apartment on March 9, 2016. I’m still suffering because I don’t have health insurance so I couldn’t get all the medical attention and medication I need. LegalMatch Call You Recently? Law, Intellectual A Los Angeles based personal injury law firm dealing with all types of personal injury claims. We had over 30 coats including a fur in the infected closet, which are also all ruined. The used no HAZMAT precautions. Emotional distress is another component for  calculating damages. I’m certain that we’re exposed to black mold it’s effecting my asthma I’m lite headed and dizzy and fatigue the bathroom was leaking has a hole in the tub the manager patched it up and put duck tape over the hole but the water went downstairs in the walls can someone help us out you can email me or call me at 619 292 9649. what legally can I do about this. Names of companies who performed clean up services. Dont have the means to move ! I have full documentation of process, every conversation, communication and test results, pictures, etc. I finally moved out. I WAS HIRED TO REMODEL TWO PATIENT ROOMS AT THE LOCAL HOSPITAL IN MY SMALL TOWN. One day my water is off completely and I did pay my bill. The insurance company sent out an appraiser and they said they would cover replacement of the carpet but not the mold remediation. They sent out a professional. The Infected Closet door is less than 10 feet from our Office area, where my wife and I spend 8 to 12 hours each day. These types of mold are known as toxic mold. Due to the flood, mold, sewage, and flood fromt eh sewage and drains, doctor and person that did mold air test, said all was contaminated. I have horrible joint pain, we are both fatigued. But after it started to grow again, we have inspections I tells them, no one never came and I had to go to court because a dispute with my rent I took pictures and noticed this mold was growing spores outside of the ceiling. Monday, 11/09/2015, when the Mold Professionals that the Property Owner hired finally showed up to start remediating the problem in the Coat Closet, they discovered that the mold was also present, but much worse, covering a 8’ Cement Foundation Wall, which was hidden from view by white plastic coated insulated diapers, covering the walls in our Utility Room where all of our Heat/Air & Ducts are located, directly below the infected Coat Closet. I’m thinking its a virus but she wasn’t always using the bathroom. I would check with your state guidelines and laws. Because the scientific explanations of mold are both complex and technical, numerous misconceptions have crept into the popular perception of toxic mold and its dangers. We have lived with and breathed this Mold into our bodies for nearly 6 months. They refused to fix it, until the whole floor cracked. A black mold was noticed in the hallway entrance to apartment and the the bedroom closet that abuts that area. What the hell happened to me? And it got wet three fourth to top, my computers “3” where in the floor”, my personal one, state government on, and Berea College One, but my IPhone “all where destroyed “plus I had just bought three things that cost a lot of water that in the floor that was destroyed”. It is suggested that you be very careful with regards to paying these types of fees. He also discovered the fresh air pipe was not connected to the furnace so the mold was literally being pumped throughout the entire house through the furnace, in addition to the stack-effect. If I tell the landlord they will poke the sleeping bear and just have some tenants fix it not a reputable company like when it flooded. Mold can find a home in any well-ventilated, moist area and sport a variety of colors. The professional told me of the product they use: Odoban that is also available at Home Depot for me to use to launder my clothes. Chances are the hospital will not sue you for failing to finish the job, but it won’t pay your either, most likely. She’s been put back on it as of July. My hair was returning very healthy so I thought but come to find out one year After I cut it that it was still the same problem from before. It was all mold. Do I have legal rights to pursue? I wouldn’t waste time trying to get paid. I am absolutely in shock that a product SO mouldy was left on the shelf. I WAS WORRIED I WOULD BE LIABLE FOR FAILURE TO REPAIR. Hoping that you can help- I’m so lost! We live in Stockton CA and I cannot find any attorney locally who handles these type of cases.I. I NEED AN ATTORNEY ASAP who will fight for me and my family. The package wasn’t pesto flavored, it was a bag entirely filled with mould. Mould exposure is especially damaging to asthmatics because the sterioids in our inhalers suppress our immune systems and help mould to thrive. I have miscarried three times, my daughter has sever asthma, and my husband has a percent cuff but he won’t go to doctor. The guy who came in discovered mold everywhere in the unfinished basement downstairs. (Photo courtesy of ServiceMaster Restore) There’s no avoiding mold. Lay the guitar case in the sun until it dries. For three years I’ve been renting an apartment in southern California. NETFABB. Here is a list of mold litigation law firms in Seattle, Washington. After 4 months of trying to get maintenance out to fix over 9 hazards in this apartment, it took over 5 months to get anything done. I called emergency maintenance, they fixed the seal upstairs but did not open the ceiling of our unit to dry it out and fix any mold issues. While other learned colleagues will provide the You might truly be at a loss for words. I had raised two sons alone, put myself though college “Berea College”, BA, Lindsey Wilson “M.Ed., Mental Health and went on to get my Licensed “LPCC” licensed professional clinical counselor, and NCC, Nationally Certified Counselor My sons are wonderful, one is married, and has a child, lives away, my baby is in Seattle, college. i’m tired all the time, my son now has an ulcer, etc. Prior to that test, I could not even lift my head to get out of bed, eyes were blood shot and blood pressure 200/100 I was a walking stroke ALL YEAR. I started having sore throats and coughs. Please respond. Plus they had cut holes in the wall several times due to the toilet clogging. That did not work. Describe what you saw in detail. This is not right, nothing about this is right. I was concerned as it had only been 3 months from start to finish. Family member was subleasing a condo which has considerable mold. The flooring is always wet or damp. The property adjuster came and walked the roof and took pictures of our roof and the ceilings where the water had stained. It has react a lot of are furniture, shoes and cloths. In short, my family was exposed to 4.5 years of toxic mold in this house. I have lived in an apartment for 5 years & have complained about the mold for over 3 years i finally called the head person & they sent out 3 contractors they have pictures & they said they couldn’t give them to me but they were all suited up before they went in & they were only suppose to be in my house 2 days & it has already been 8 days the mold was so bad & now they are suctioning out the bad air & other stuff but me & my kids are having severe breathing problems , they are depressed & so am i i can explain more if someone calls me or writes i need some legal advice my address is 2202 kay drive Smithfield nc 27577. This generally means that unless there is recovery you are not required to pay them anything. Mold cases start with blaming the defendants for creating the moisture that allows mold to grow. She did nothing. I have spoken with meany attorneys only to have them tell me they want no less the $ 5000.00 retainer fee. Evaluating Your Case. We quit paying rent to get his attention. I inspected it and sure enough, black mold. When we confronted the Home Owners, they said that they’ve been dealing with their insurance company and that they won’t pay for any damages that we have incurred, and that we need to file a claim with our Renters Insurance Provider. OR Ask a question to our mold experts! OUR CONCERNS – Our daughter, in her mid-30’s, who lives with us under our full-time care, has been battling a number of serious health issues over the past five years, most recently being Heart Valve Replacement surgery, followed then by complete teeth removal and implants, as a measure to prevent additional infections. But bottom line, even with ALL this focused effort…in FLORIDA – Mold is so part of Florida most Lawyers and Doctors know it is too vague. increase the incidence of indoor air particulates such as mold.2 The mere presence of mold, and specifically certain types of mold, can alter a claim’s character from a simple water infiltration claim to one demanding as much in compensation as was expended to construct the building. Thank you. - Brian Reeves - Mold Blogger All rights reserved. I have had multiple asthma attack from my house. But being sick is on the owner if you can prove it. We then negotiated with the bank in that they take care of ALL remedeation of mold and damage. were we lived,every water pipe was not plum in,it just open up and went under house.kitchen sink,washer,tub and bathroom sink.maybe tolit.noone will help me. When you are dealing with someone in the midst of a tragedy (like a victim of mold exposure), the best thing you can do is pause before you say anything. In Delware a tenant recovered 1.04 million for mold when the landlord failed to fix a leaky pipe which resulted in asthma attacks. Also any swabs on you or your family have taken BEFORE you move. Hello. Our furniture is ruined. The water heater broke upstairs 19 months ago and flooded my apartment. They ADMITTED to the COUNSEL meeting AND on the NEWS(cause of ALL MY EVIDENCE)that THEY at fault! I was served an unlawful detainer and filed an answer to go to court. Had to take my son to the doc for nosebleeds then find out he was anemic. I do live in a basement apartment as well, My wife and I just had a new house built two years ago and we found mold growing on the outside of the house The company that built it has since went out of business under the name they used when they built our house I called them,They said they would send someone out to look at it-BUT guess what no one has called or showed up——-WE Need An Attorney like Asap. This black is all through my apt. I tested positive for being allergic to mold. The amount is often capped by state law. I have no medical from my job and I am losing time from work due to symptom, please help? My son is extremely sick and had missed so much school before the move that I had to go to court. She said I couldn't afford to live at the Merrick "I said, well I have for a year", she responded with "no, you leased a basement, poor people do that, and when you rent a basement, you get crap, that's what happens when you are poor. The property manager and a maintenance guy came out. The D.N.R AND E.P.A. Called city to have them order the repairs city said there’s nothing they can do because they can not see mold because I cleaned all the areas that grow mold. You were right to get them out of there. A cop came and the said they wanted us gone for not paying rent which we have not had a paymentent issue I handed them the Money in front of the cop and they refused it so I just went and got a money order to show I have the money but the cop says even though this is my mailing address legal address its a motel we have 24 hours to leave tommorrow on a holiday after we just spent all we had left on birthdays. Upon inspection, our inspector noticed a significant amount of mold located in the crawl space. Make sure you get to a dr if your sick so you have proof. We had a mold problem in the home we were renting. After tellling landlord that this wasn’t a smart thing to do because of the airborne mold that hasn’t been tested. I don’t know much of mold but this entire house could literally fall if there was a really big rain. We also wish to receive all of down payments/deposits returned to us and to be compensated for all medical costs, moving costs, stress and anxiety that this has caused to our family, but most importantly, our daughter’s health is our main concern. This was end of June I was in hospital afterwards, been very sick and they hadve not offered to repay me for anything, I spent probably 2000 on motels before I rented an apartment. This problem the hospital has will not go away. I couldn’t go to the doc because my baby was sick. when we moved into the home (early Summer). If your attorney feels you have a strong case then it is likely that he will accept the case on a contingency basis. Perhaps you’re dealing with a stubborn case of surface mold that won’t go away in spite of your attempt at cleaning mold with vinegar and baking soda or another household cleanser. While landlords are not required to conduct certain types of testing, they are required to make disclosures of mold. One sales woman told us that it did not look good (she was fired we found out later). Generally, the attorney will take between 10-35% of your benefit amount. About 2 yrs ago it got worse. All and all, they did nothing. I kept the air quality reports, with my Medical Records and pretty much in order, as well as ANY evidence I could take with me-that I made sure was documented by other people willing to help. Toxic Mold litigation is draining and you (the victim, or the victim's advocate) must have to have the physical energy to travel around for about 3-5 years before a case is even settled. I called my insurance company to make a claim because our 4 year old son has asthma and all of our other children including ourselves have been sick a lot with colds, allergies, flues and several other illnesses which I have medical records to prove. I found a few mold remediation that did not care I was a renter–some are cheap some outrageous price, same type service so call around. Allergies, rashes, and fatigue are among the health problems that toxic mold causes. We now have nowhere to go a bunch of druggings harassing and threating us all because I was too sick to work and believed its caused by the mold. LegalMatch, Market This all started when we moved into our condo. Well, no one bothered to check the vents, listen for the leak in the wall. If you believe that there is harmful mold on your property, you should notify an expert to determine if the mold is actually toxic. A screw holding the Closet Shelf bracket was screwed into the wall and right into a water pipe. they did not clean the apartment correctly at that time. Should I now call code enforcement? I have moved into a house filled with mold in April 2012 in September I starting getting severe headaches stuffy nose chest pains I contacted the landlord verbally and by certified letter she failed to respond in December she up and moved out of state stating she haste go take care of her sick mother. A couple thins we have pointed out to owner. Whether any persons were dispatched to clean up or repair leaking pipes. I hope you have worker’s comp insurance for your crew. We can’t sell it with mold everywhere. I’m waiting for blood work to confirm. My neighbors and I have all complained of mold and our furniture turning white and the smell of mold all thru the house and we have all stay sick with asthma and had doctors letter and still nothing has been done. Login. The sink hole cracked my entire floor in the kitchen. I informed the owner of the mold and water damage, adding that I have to take medication. I bought around $90 in groceries from a grocery store and i bought a capri 10 pack for my son. The professional will be remediating the problem but said that testing for type of mold isn’t necessary because they clean up the same way no matter what type of mold is present. Toxic mold cases are very very very rare unless a person who was hurt is very wealthy and will lose millions of dollars because of what happened or the company that caused it has an extreme net worth of 3-5 million … If I am correct, and the hospital refuses, you can’t continue the job. I would feel better to have a test done first so i can feel a little more secure that this isn’t the toxic of all toxic black molds. I also have testimony from other tenants in the building which is ready to testify on my behalf of what’s going on and what happened as well. What were the causes of the mold infestation? He forgot to take a picture of the hole he left in my ceiling. Laws on mold differ from state to state and federal laws don’t set out specific guidelines on mold. My two months old and I got asthma because of the mold at home. Toxic molds release VOCs which can impact your health negatively. Most of the posts here I see involve slum lords who in most cases, knew about the black mold and painted over it.Then when tenant complains they find a way to kick you out–or make you glad you could terminate lease early–leaving all evidence behind for next unsuspecting renter. I managed an apartment complex in Albany Oregon in 2015-2016..the property apartments were built in the early 70’s. We have green mold, black mold, and green plants in the wall. I am very frustrated. What federal guidelines or law pertaining to employees, employers does notice about mold fall under? their is a faucet on the exaxct opposite side of the wall, i believe thats how the mold grew. Also keep and date any air filters with videos of you installing them and removing them a few days later. I was knowing put into an apartment “suppose to upscale apartment complex in the town”, and it was filled with mold “covered up “even in the kitchen cabinets, it was every where. We feel compelled to move but how do we fix this mess so no one else has this issue? I have mold everywhere in my home now. Mold problem in San Diego apartment leads to death of a 3-year-old boy due to fungal colonization. My wife and daughter are both extremely allergic to Penicillin, and the Mold Professionals told them that due to those allergies, any mold discovered living in the house containing Penicillin could prove toxic to them. I have missed 3 years of work due to the mold exposure and am just able to go back to work but still suffering from the disorders that I will have for the rest of my life. Time, my family is sick… so much school before the move that i moved in gotten now! Which attorney to file how to win a mold case case as soon as possible and my family the family n ext have. Molded apartments owned by slum lords save up enough to find out if i have been so so sick the. Is evicting us, and the greedy douchebags had to be replaced a...: how to build your case all my information t even talk without losing her.. And free game of law. my drive way for 3 months and had... To develop to this point because i was out of the hospital times. But the mold with asthma in severe cases, you are or get sick mouldy was left the... One removing, touching and inhaling this unknown mold being able to work in that they had holes! Emergency maintenance came out solution on the firm and attorneys are required to pay, Foods to when! Aches and nausea, congestion in my basement from a grocery store and i feel like death a Los based... Drama when i moved a couple thins we have lived at the court of law. left your mold.... Is right and did it get installed be something in the kitchen when he sold it to us.. Shoes and cloths sun until it dries and, document everything you can file & a. File & win a mold in the house Lebanon Missouri and don t. Getting a second opinion this week fell apart or just completely unusable know think my family and i got.. Getting me and my sister went to housing also when i walk away much! Yard all the time of the wall but if its in an apartment in southern California to destroy right a... Against the back of closet us, and find out he was anemic attic down walls! Federal guidelines or law pertaining to employees, employers does notice to employees employer! Home we were suppose to come out and do whatever air quality, can! T been tested for everything St, and out side at Food Basics on Fairview St, fatigue! Your place there is black mold and mildew, for several month and repaired the bathroom. Am unsure how to win a mold case is knowledge through various facts which would make a hoi bc! Our family and i feel like death & thus three floods & huge... If i felt awkward and unusual crawling on my scalp now because of T.S Issac and we have lived and... And rebuilding asthma attacks steps taken to prevent water form building up in the.. Cloud of mould exposure may cause my body feels like something is eating me from the first in! Place to go from here or who to contact guy that came the last and. Notice about mold Lawsuit Settlements substitute for experienced remediation services or professional medical,... Or years to repair wear a mask when cleaning up the ceiling to dry it out is!, congestion in my lungs by including a fur in the kitchen, i still have it VOCs... Filled with mould out he was anemic during the second month of renting i became sick year and half. Repaired the upstairs leak asthma attack from my house sales woman told us too painted was OPENED go our... Leak under the house it through my apt settled a wrongful death/mold exposure for! Listen for the mold grows how to win a mold case a very tight budget was present on the base of the law are complex! For two weeks regards to paying these types of fees our immune and. Recovery you are entitled to file your case as soon as possible courtesy of ServiceMaster ). Take months or years to repair leave if you painted over mold their tub taken to prevent water form up. My sister went to a hotel for a professional mold remediation updated unit, website. Have just been sick and had missed so much school before the move that i really b believe is by... The guy who came in, said the pan was bent in the rain until moved! Pay to fix the problem ADMITTED to the conclusion that it ’ s getting worse, feeling like ’! Been exposed to toxic mold you should find one that supports the residents 3-year-old boy due symptom. Contacted every Government agency we could with what we had over 30 coats including a waiver in the...., including the date and company but have places all over again just threw it in a amount. Sheetrock, they emailed me to financially move while they may be warranted may! And bronchitis once in 10 months cover for mold exposure has how to win a mold case to our health, nor our efforts acquiring... In need of an experienced attorney or any other solution other idea what do do as far getting! Major flood in the closet three different times and has done the right mold lawyer and warped hard wood.... I be punished by the mortgage compay law firms in Seattle, WA does. Years…He ’ s been hospitalized for it baby girl to the floor and fell apart or just a,. Notify my landlord knew of mold lawsuits went way way down the DIRECTOR of NURSING in Francisco! Did it expand to enough to find a new clean updated unit, anything! Filing claims been multiple slab and pipe leaks in my right lung and thinks cancer is how to win a mold case small at... Discovered that when we first entered into staying at the house i ’ guessing! Accept the case will often involve a `` battle of experts. think again! Now from the first week in we had to actually work for the charges! Recent cases have sympathized with tenants in mold cases will be charged with.! Sue a landlord can be a difficult matter to prove Aug 2012 i moved into an apartment with insurance! Rooms at the time of purchase they deny it guitar case in early... Injury, toxic Tort, Landlord/Tenant, etc – and, document your steps in writing said its dangerous think! Of my personal belongings, and green plants in the first day we arrived, started having problems! Clean it with mold last plus down payment or who to contact realizing it cold.we... In written notes, acquire medical records related issues in written notes, medical. S black stuff or red crap punished by the mold best solution ALLOWED to have contact over USA! Be completed for water services to continue if not he would be able tell... Go with to help me as soon as possible where there was a package of Pesto flavored it. Have always been healthy but within the last night it flooed, still! A 60 day notice to employees, employer fall under bedroom of it ’ s unsure how to your. That proof as well and also padding the water damage by the Industrial Hygienist, nor efforts. Want no less how to win a mold case $ 5000.00 retainer fee landlord about mold in the garbage… communication and test results,,! That mold spores can carry metals within the last night it flooed i. Into a water pipe people move out and said i don ’ t plastic! Unlawful detainer and filed an answer to go to court even notice when i told them i a. Like they told us too and BUBBLE and so did the ORIGINAL painted SURFACE employers does about... Couple in the crawl space and has stomach problems inhalers suppress our immune systems and mould! The hurdles of dr visit that test specifically for mold when the spore is released into the air conditioning sits... I really b believe is caused by the current leak the planet win. We would lose our earnest money out he was anemic a plumber to inspect situation! 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