Toxic Mold Attorney | Real Estate Non-disclosure of Defects
Toxic mold is a dangerous substance. It can grow in damp areas and generally spreads throughout your entire property in a relatively short period of time. The mold can cause serious health complications. These issues are generally worsened when exposure is made to young children. Additionally, it often takes years before the health complications caused by mold exposure materialize. This makes toxic mold litigation difficult and time consuming. If you have discovered toxic mold in your home contact the Attorneys at the Downtown LA Law Group. We have the expertise, and dedication to fight for the rights of victims of toxic mold.
Landlord Liability for Injuries Die to Toxic Mold
Landlords can be liable in a number of ways. They are required to keep the property in a habitable condition. When they fail to do so and either there tenants or others on the property are hurt, they are subject to liability. With regards to mold, a landlord will be liable if they had notice. Notice is considered knowledge of whether mold existed on the property or not.
Proving notice can be challenging. It is important to keep documented records of any prior mold issues, repairs and other information you may find helpful. Notice of mold can be inferred or proven when there are sufficient facts.
If it is shown that the landlord was actually on notice, then liability will extend to them. The landlord will be liable for the moving cost, pain and suffering and potential health complications caused by the exposure to the toxic mold.
What to Do if Y
If you have found mold on your property take the following steps;
(1) Contact your landlord. Explain to them the situation and offer them an opportunity to remediate the mold. If you landlord fails to take appropriate measures, you must either move out of the property or employ your own remediation specialist. Often times this can be expensive so it is advised that you attempt to work something out with your landlord;
(2) Request for a sample of the mold to be tested to determine what type of mold is present. Not all molds are toxic. This sample will aid you in determining whether the mold is in fact toxic and can be used to further your case.
(3) Contact an attorney. Downtown LA Law’s toxic mold attorney in Los Angeles can help with your case. Our mold attorney Los Angeles can aid you in determining and parsing through the facts of your case. All of our evaluations are done without charge and almost all mold cases are taken on a contingency basis. So you don’t pay unless we are successful.
Toxic Mold and Reduction in Property Values – Can recoup for the lost value of my home due to discovery of Toxic Mold?
Toxic mold presence can have a devastating effect on the property value of the home. As the seller of the home you are required to disclose whether there was ever a presence of toxic mold found on the property. It is the duty of the seller to make such disclosures to any potential buyer.
Generally, the buyer of any transaction where mold was present will want either full remediation documentation or will decline to execute the purchase. The reason being that even with remediation mold can re-occur and have serious health complications. If you purchased a home without knowledge of mold issues view our non-disclosure page to determine your remedies.
Health Effects of Toxic Mold Exposure
The presence of toxic mold spores can have adverse health consequences. Mold spores can attach to the respiratory system and cause future health complications. High presence of mold spores can lead to a number of different issues. These issues can include dizziness, lack of energy, constant headaches, asthma, hemorrhaging and other more serious complications.
If your property contains mold or has any type of mold infestation it is necessary to have a full remediation done on the property. For a list of remediation specialist take a look at our resources page.
You should also have samples tested for determining what type of mold is present. Mold is prevalent, however there are only a few different strains of mold that are proven to be toxic or dangerous. Having a specialist conduct spore samples to determine the toxicity of the mold and its various strains is important to helping you establish your case.
It is important to wear proper protection or completely remove yourself and family from areas where mold has been detected. It is the duty of your landlord to provide an alternate residence. If your landlord fails to do so, you should take measures to move out and keep track of any incurred cost.