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Who Should You Sue for Toxic Mold Damages?

Toxic mold can have all kinds of negative ramifications for your health, so it’s important to stay away and get it removed as soon as possible if you encounter it in a building you own or an area you work. However, sometimes people don’t know they’re being exposed to toxic mold until it’s too late and they’re already feeling the effects. If you have been exposed and are suffering the consequences for it, you may be wondering who you can hold responsible and file a lawsuit against.

Work Exposure

Toxic mold is a well-known workplace hazard and employers are required to do everything in their power to limit employee exposure to this substance, including providing breathing apparatuses and other protective tools. However, sometimes even the best efforts aren’t enough. If you have fallen ill due to toxic mold exposure at work, you are allowed to pursue your employer, but you can’t file a lawsuit against them. Instead, you need to file a workers’ compensation claim and speak with a Martin County personal injury lawyer as soon as possible for help with your claim. It’s not uncommon for workers’ compensation insurance companies to deny claims by attempting to attribute the mold exposure to an outside source that isn’t work-related.

In Your Home

Exposure to toxic mold at home is also an unfortunately common occurrence. Most of the time, you’ll want to reach out to your homeowners’ insurance company to file a claim in order to have the mold removed by a professional. However, this doesn’t usually include medical benefits.

However, if you move into a new apartment or leased condo and discover that it’s infested with mold after you fall ill, there are many different people you can hold responsible. For starters, the landlord or property owner is responsible for ensuring your apartment is in suitable condition before you move in as a new tenant. Failing to notice or neglecting to clean a mold infestation would make them liable for your health problems. If a mold infestation in a common area that’s the responsibility of an owner’s association, you could hold the owner’s association responsible.

Finally, if you purchase a new home or condo and you move in and almost immediately become ill due to a mold infestation, there are several parties you can hold responsible. First, if the mold developed in the time between a home inspection and the completion of the sale, you could hold the prior owners responsible. If it emerged before that point, you could potentially hold your home inspector responsible for failing to notice the issue (if you have one), or possibly even the realtor who sold you the home infested with mold.

Suffering from consequences of toxic mold exposure? Call Lauri J. Goldstein & Associates, PLLC today at 866-675-4427 andrequest a case evaluation!