Got Toxic Mold? Do You Have Enough for a Lawsuit?
Toxic mold lawsuits have been filed against builders and contractors, employers, government agencies and even automakers. Does your toxic mold problem rise to the level of legal action? Our New Jersey mold removal experts share important information about toxic mold litigation.
Making a Case
• Toxic mold litigation is a specialized field. Your first step should be consulting an attorney who is qualified in this area.
• Establishing the presence of toxic mold isn’t enough. There has to be evidence regarding the type of mold, location and cause of the infestation and whether or not spores were able to become airborne.
• Document every event and communication involving the mold problem, including conversations with a landlord and interaction with cleaning services.
Responsibility of Landlords
Landlord liability often hinges on the issue of notice.
• Constructive notice occurs when a “reasonable person” is in possession of facts that would lead to certain knowledge.
• Actual notice is when a landlord has direct knowledge of a situation through a tenant, repair person or their own investigation.
• Property damage can include cost of remediation, loss of personal property and reduction in real estate value, while personal damage arises from physical ailments such as bronchitis, memory loss or immune system disorders.
• Emotional distress, which involves the psychological effects of toxic mold exposure, is more difficult to determine.
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