Tag Archives: Legal Issues

Mold Litigation in 2017 – Is Suing Worth the Trouble?

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Mold Litigation in 2017 - Is Suing Worth the Trouble?

Mold Litigation in 2017 – Is Suing Worth the Trouble?

Every time someone files a mold lawsuit, old arguments get rehashed and new science comes to light. In recent years, doctors and researchers have linked mold with many potential health issues. The fact that mold aggravates problems for people with weak respiratory systems cannot be disputed.

At the same time, a mold lawsuit can be an expensive and trying ordeal. A recent mold litigation study points out that many plaintiffs get caught up fighting for big dollars and wind up with less than expected.

Can You File a Mold Lawsuit Against a Landlord or Employer?

While laws vary by state, it’s generally true that landlords and employers are responsible for providing habitable conditions and responding to mold complaints appropriately. For instance, a building owner may be liable for health care costs, mental anguish, and more, if they were negligent about a water leak that caused the mold.

There are many hurdles to filing and winning a mold lawsuit:

  • Documenting the mold damage
  • Proof the defendant knew about the issue, was irresponsible, and didn’t provide mold treatment
  • Evidence of health problems linked to mold, such as lung infections, adult onset asthma, and gastrointestinal disorders caused by mycotoxins
  • Paying legal fees, court costs, expert witness fees, and other expenses without being certain you’ll win the case

Only an attorney can tell if you should file a mold lawsuit. In our experience, it may be easier to communicate with all parties involved, get mold treatment to clean up the building, and avoid the hassle.

Struggling with mold exposure symptoms? Contact Stern Mold for mold treatment in the NYC area, guaranteed to prevent mold from returning for five years.

Posted in Mold Information, Mold Law, Mold Tips, MoldExterm, News

Class Action Lawsuite Heats Up for NYC on Mold Remediation Woes

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Mold Issues

Mold Issues

Mold-related illnesses can have a seriously damaging effect on a person’s health and encompass a variety of physical ailments, including upper respiratory issues, digestion, muscle pain, brain fog and are a possible influence in a depression diagnosis.

NYC mold treatment companies are watching for news on a potential class action mold remediation lawsuit against the New York City Housing Authority (NYCHA) by the U.S.Attorney’s Office but so far, the Office hasn’t publicized any intention of bringing forth a lawsuit.

Mold Legal Issues

Currently, a report controversy exists regarding the reporting of a higher incidence of mildew reports and less of mold incidents by the NYCHA. Mildew does not cause the same amount of public concern as mold does, though it is still a fungi that can affect health if left untreated. Mold reports dropped dramatically in 2012 and have since stayed low, while mildew numbers that almost doubled in 2012 and tripled in 2013 have since continually climbed higher.

Another potential issue causing concern is the NYCHA’s involvement in a court-ordered settlement where a timetable set out for mold remediation and elimination may not be in compliance.

Progress Queens also has reported that Hurricane Sandy clean-up in housing developments has not been aggressively attacked by the NYCHA.

Mold and the Law

A Federal class action lawsuit was filed on behalf of the NYCHA tenants at the end of former Mayor Michael Bloomberg’s term to make the NYCHA address the widely encompassing mold abatement that needed to take place.

Are you looking for NYC mold treatment information? For a free consultation and price quote on our bio remedial mold treatment, contact Stern Mold today.

 

Posted in Mold Law, Mold Treatment, MoldExterm, News

The Legal Aspects of an Untreated Mold Contamination

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You may not know this, but there are several legal aspects that may apply if your home, rental or even your place of work is contaminated with mold. Here are some of the basics, but when at work and you have symptoms of mold contamination, like respiratory problems, runny nose, itchy eyes, or you notice mold growing in your newly rented apartment or newly purchased home, there are legal steps you can take.

  • All employers must provide proper indoor air quality. If, at any time, the air quality in your workplace has been compromised due to mold infestation, you are entitled to paid medical expenses, pain and suffering, and loss of both wages and earning capability, among others.
  • All landlords must ensure the premises is free from mold contamination. If mold is discovered in your rental, the landlord must pay to get the mold removed and you can sue the landlord for illness and damage compensation.
  • If at any time directly after the sale of a home, you, as a buyer, finds mold contamination that was not disclosed by the seller, you can sue them for non-disclosure, any mold-born illness, damages because of mold infestation and compensation.

Although these are just the basics, if you believe you have been exposed to mold in either a business environment, your rental property or if you have purchased a new home, there are legal ways to receive damage and compensation.

For more answers about mold in your workplace, rental or home, rely on Stern Mold. NJ mold treatment at its best, we have been serving the New Jersey, New York City, and Long Island area since 1995.

Posted in Mold & Your Health, Mold Tips, News