Join Date: Mar 2014
Thanked 79 Times in 51 Posts
Mold suit real case
Below is a real case . After a mold inspection was performed. I had scientific proof of mold elevated.
P & K management apartment complex high end units.
Hot water tank broke and was leaking for months. P & K hired a Restoration company. to perform mold clean up. I did a inspection while they were still in drying process. They contained dinning area with vapor barrier. barrier was falling from ceiling and walls. Master bedroom had falling ceiling with air scrubber running no barrier at all with very expensive personals present.
Photo evidence recorded. Tape strips and swabs performed as a un open ceiling cavity air test. Removed ceiling light and drilled hole in box to get sample.
In barrier area company was trying to dry sheetrock that was 99% after 5 days of drying ( lol )
Let me know when you get a chance and please consider helping me with this matter.
Below are a few questions..... from client to lawyer
Can you give me your assessment of this case? You have a claim to withhold rent, in an escrow account, as the property was and presumably is still not habitable due to mold. As for the personal injury side of potential claims by you and your children, as I advised you medical evidence of a physical problem caused by the mold would be needed. You were to take the children to a doctor, did you? If we have medical proof of a condition caused by the mold then possibly claims for personal injury can be made, at this point there is no medical evidence of a condition caused by the mold. The statute of limitations on a personal injury matter is 2 years from the date of the occurrence or from the date that a reasonable person should have known they have a claim.
How are you going to proceed? Presuming that mold is still present in the apartment from the upstairs water leak, you need to notify the landlord that you and your children are moving out due to the mold condition that has not been totally remediated. I can prepare a letter to the landlord for this.
What is your opinion of total damages? Without knowing the medical side at present they would be cost to move out, any out of pocket costs you had living outside of the unit.
Would you consider doing this matter on a contingency basis? At this point no
Colleen, it is important that you and the children be checked out by a physician. Research has shown that “people sensitive to mold, inhaling or touching mold spores can cause allergic reactions, including sneezing, runny nose, red eyes, and skin rash. People with serious mold allergies may have more severe reactions, including shortness of breath. In people with asthma who are allergic to mold, breathing in spores can also cause asthma attacks. In addition to people with allergies and asthma, others who may be more sensitive to the effects of mold include:
· Infants and children
· The elderly
· People whose immune systems are compromised due to HIV infection, cancer, liver disease, or chemotherapy
· People with chronic lung disease
in the end client got medical evidence and lawyer took case on contingency
client won a big chunk of change
all her personal items replaced.
Then P & K sued restoration company for above claim and then the losses from the building.
Restoration company had to file for bankruptcy.
I made out great 2 cases for 1