Mold exposure presents substantial dangers to both homeowners and renters, causing property damage and negative health consequences. If you have experienced toxic mold exposure, you might be questioning your legal options. Please continue reading as we delve into the viability of suing for toxic mold exposure in New York and how a resolute New York City Personal Injury Lawyer can assist you in pursuing the justice you merit.
What is “Toxic Mold”?
Mold, a ubiquitous term for fungus, thrives in all environments, often leading to substantial property damage and costly remediation efforts. Beyond property concerns, mold exposure can also adversely affect your health. The Centers for Disease Control and Prevention (CDC) identifies several health effects associated with mold exposure, including:
- Sneezing and coughing
- Wheezing
- Lung damage (immunocompromised individuals)
- Asthma symptoms
While over a thousand varieties of indoor mold exist, moderate levels in living, shopping, or working environments generally pose no significant health risk. Most mold-related health issues manifest only when mold concentrations are high. Some mold types are categorized as “toxigenic,” meaning they can produce small molecular toxins called “mycotoxins” under specific conditions. Mycotoxins are typically spread via mold spores and can lead to potentially serious health issues.
Unlike common mold, which is found virtually everywhere, toxigenic molds are less prevalent. Two prominent examples include Stachybotrys chartarum and Aspergillus.
Who Can Be Held Liable?
Several parties can be held responsible for injuries resulting from toxic mold exposure, including:
- Landlords: Legally obligated by an “implied warranty of habitability” to maintain safe rental properties, landlords can be held liable for unaddressed mold issues once notified.
- Property Owners: Similar to landlords, property owners must maintain their premises and can be held liable for mold-related injuries if they had, or should have had, knowledge of the problem and failed to resolve it. You should note that prior owners who were aware of a mold problem and failed to disclose it to subsequent buyers may face liability for resulting damages.
- Contractors: If faulty construction, renovations, or repairs lead to mold growth, those involved may be held liable.
- Architects and Engineers: If inadequate design or the omission of mold prevention measures causes a problem, these parties may be held responsible.
- Material Suppliers: If mold develops due to defective building materials, suppliers and manufacturers can be held liable.
- Insurance Companies: If an insurance company acts in bad faith or fails to uphold its policy obligations concerning mold damage, it may be held liable.
How Do I Prove Liability for Injuries from Exposure to Toxic Mold?
Generally, you will need to demonstrate that the individual or entity responsible for the premises failed to take reasonable care to prevent or remedy the mold problem. You then need to prove a direct link between your injuries and the mold exposure. Additionally, you will need to show that you suffered actual damages like medical bills, lost wages, property damage, etc. If you are successful, you may be entitled to various forms of compensation for your damages.
If you have any questions about your legal rights regarding toxic mold exposure, please don’t hesitate to contact an experienced attorney from James Newman, P.C.
