Tuesday, August 29, 2017

Tenant Mold Claims are Not Simple Matters

The Firm receives numerous calls or e-mails a week from tenants who complain about health related issues arising from what they perceive to be "black mold."  According to one expert I spoke with recently, there are hundreds, if not thousands of mold types.  Moreover, mold is all around us (inside and outdoors).  Additionally, black mold can range from harmless to deadly.

People react differently to different types of mold.  Someone with allergies may be particularly susceptible to most molds.  If you believe your apartment or rental unit has mold, you should seek the advice of three specialists:

(1) a certified mold expert to collect samples and send those samples to a lab.
(2) an allergist or another health care provider who can tell you if mold is causing your health problems; and
(3) an experienced toxic mold attorney.

There are several do it yourself mold testing kits.  Those tests may be a start, but you need a certified mold expert to work with your attorney to write a report and testify in court (if necessary). His testimony will be needed for collection methods, chain of custody, and analysis.

Similarly, an allergist or other health care provider will work with your attorney to prepare a report and testify by way of deposition for court or in preparation for a settlement.

Mold experts and doctors are expensive.  Therefore, if your personal injuries are not substantial, it may not be worth pursing the health claim.  However, other claims may still be available to you.  This is why an experienced toxic mold attorney is essential to analyze your case to place a value on the matter.

If you don't have a health claim, you may have a property damage, breach of contract, negligence, failure to repair, and/or other tort claims.

The McGill Law Firm handles non-health related claims relating to water intrusion that causes mold and mold related damage.  However, it does not handle toxic mold matters.  If you don't know of anyone who can refer you to a toxic mold attorney, Google "toxic mold attorney" and your city or county.  Most times, you will pull up at least 10-20 attorneys to call and interview.