Mold can become a homeowner’s or renter’s recurring nightmare. It’s the “Groundhog Day” of residential living, because often, no matter what you – and your landlord – might do to remedy the situation, mold doesn’t go away if it’s not properly addressed. Tricky and insidious, it creeps into your home life, usually when you’re not expecting it, to hide and grow in places you often can’t see. Many types of mold which grow inside residences are dangerous — more than a few of them toxic. The hazards of toxic mold are well documented, and immediate action to eradicate it must be taken.
You have a right to live in a safe environment, free from the threat of infectious or toxic mold. Often, if mold has grown to the point where it affects your health, it is more than likely someone else’s negligence is responsible: a landlord, a contractor, a service provider, or maybe even a physician who failed to address mold symptoms when they first began to appear.
Unfortunately, toxic mold injuries are difficult to prove, and the legal and medical communities have both been “less than responsive” in embracing the increasingly common problem of mold injuries in New York. But that’s starting to change. If you or a loved one has suffered harmful health effects or economic loss as the result of mold growth, and negligence is to blame, the New York toxic mold attorneys at Kaplan Lawyers PC can help. We have years of experience in helping homeowners and tenants receive the justice they deserve.
Symptoms of Toxic Mold Exposure
The symptoms of toxic mold exposure range from temporary annoyance to serious illness. They include:
- Nasal stuffiness
- Sinus congestion
- Eye irritation
- Sore throat
- Upper respiratory tract problems
- Skin irritation
- Shortness of breath
- Muscle cramps
- Infected lung tissue (hypersensitivity pneumonitis)
- Exacerbated asthma symptoms in people who already have asthma
- Opportunistic infections (especially in immunocompromised persons)
- Chronic lung diseases, e.g. COPD (especially in immunocompromised persons)
- Other permanent lung conditions.
Some people are more sensitive to toxic mold exposure than others. This may include children. Remember, negligent parties can be held liable for victims’ suffering even if the victim is unusually sensitive. If you are experiencing any of these symptoms and suspect that mold might be involved, you should seek medical attention and contact a New York City attorney for mold exposure as soon as possible.
How New York Toxic Mold Attorneys Can Help
The New York toxic mold attorneys at Kaplan Lawyers PC can help you pursue compensation from the parties responsible for exposure to mold in your residence, which may include:
- Subcontractors (including roofers, siding installers, framers, etc.)
- Structural engineers
- Insurance companies
- Material manufacturers / suppliers
- Previous homeowners (for failure to disclose a known mold problem)
- Realtors (for failure to disclose a known mold problem)
- Doctors (for failure to diagnose, treat, or prevent mold-related illness).
Can You Sue Your Landlord For Black Mold?
Here are some general points to know if you are considering a toxic mold lawsuit:
- If the damage was not caused directly by your landlord, but by a third party, you still must sue the landlord. Your lease is a legal contract; which means that the landlord, rental management company, owner, etc., is the responsible party, even if a third party may have caused the damage.
- You must have solid proof of landlord negligence, even if a third party caused the damage. This can include:
- Proof that you notified the landlord of a mold or water problem immediately and clear evidence that you were not the cause of the mold problem
- Proof that the landlord did not respond to, fully address, or fix the situation
- Proof that the landlord tried to address and fix the situation, but did it in an unprofessional way which was environmentally unsafe.
- There must be medical evidence that you had no other mold-related illnesses prior to exposure in your current rental house or apartment.
- You should be able to provide complete documentation of your losses for the purposes of seeking medical damages, loss of income and other rightful injury-related damages
Free Consultation with a NYC Toxic Mold Attorney
To schedule a completely free consultation with our New York City toxic mold lawyers at Kaplan Lawyers PC, please get in touch with our office as soon as possible. We do not charge for our services unless there is a financial recovery in your case. Remember, though, that a time limit might apply to your claim, so you should act as quickly as possible. Contact us through our form or call 516-399-2364 to arrange a free case evaluation.