Can I Sue for Mold Exposure?

People who have been exposed to mold often wonder if they can sue. A typical question about mold exposure goes something like this:

  1. Can I sue for mold in my apartment?
  2. Can I sue my place of employment for exposure to mold?
  3. My property has been damaged due to mold, can I sue for damages?
  4. A variation of the three with additional personal details.

To answer these questions you must first understand that no advice should be taken word for word because your situation can differ from general responses, no matter how alike it may seem. Keeping this in mind, you should always contact an attorney in your area to get guidance on your specific issue. The circumstances of your situation may be different from those referred to here, in which case only an injury lawyer in your area can give you accurate guidance.

Now that you understand that you should call an attorney for specific guidance, let’s take a look at possible answers to these questions:

Can I Sue for Mold in My Apartment?

In order to sue for mold exposure in an apartment unit or complex, the following must be true:

  1. The person in question was harmed by the condition that existed.
  2. Strong evidence indicating the landlord acted negligently.

The first condition is easy to assess. The person in question should see a doctor to find out if the illness is in fact a result of being exposed to mold. If there is no illness or no evidence that the illness is a result of mold exposure, then there is no lawsuit.

The second condition is not so simple. This is where your attorney would be able to advise you after a careful assessment. You must also establish that the landlord knew or should have known about the dangerous mold at the time the person was exposed to the condition.

  • Did you notify the landlord of the mold you found on premises?
  • Did the landlord take action upon being notified?
  • Do you have a reason to believe the landlord knew about the mold but failed to do anything about it?
  • Was there another condition that caused the mold that the landlord knew or should have known about yet failed to address it?

If you have reason to believe the landlord was negligent and your doctor identified a health problem / illness as a result of this negligence, you should contact an attorney in your jurisdiction.

Next: Can I sue my place of employment for exposure to mold? 

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