What is happening very frequently these days is people are complaining of being exposed to toxic mold. It generally happens when you are renting a premises or even when you are staying at a hotel/motel. It is important to note that just like most things in life, the person who owns the apartment complex or hotel/motel is not automatically responsible for the mold. As with a slip and fall in the supermarket, the owner of the establishment will be liable if they knew or should have known there was mold present.
Obviously, from what I just stated above, if you are in an apartment or a hotel and see evidence of mold, it is important that you not just call, but write the landlord or owner immediately and inform them of what you see. Certain times, it is obvious that they knew or should have known , and just did not bother to do any investigation of the property. Other times, it is a lot closer of a call. Therefore, alerting them to that fact goes a long way in putting them on notice that things are not as they should be. It also can show, depending on how much mold exists, they should have known what occurred.
It is also important to understand that the person exposed to the mold has to prove that the mold is responsible for the health problems that they have. A person can say they are having problems breathing or they are feeling ill, but it does not prove that is as a result of the mold. Therefore, it is essential that you talk to you doctor and get a doctor that specializes in the reactions people have to mold. The defense will argue most times that any problems you have are not related to any potential exposure to mold. There are doctors out there that specialize in the adverse health consequences most people have as a result of being exposed to mold. Your family doctor can get you to someone almost immediately that would have that ability.
As I stated above, it seems to be becoming a more and more prevalent situation. However, people are not aware of the legal requirements to be able to recover for injuries as a result. Anytime you rent an apartment, if there is a problem you write your landlord. If you are in a hotel/motel, especially for a long period of time, write a note to the manager explaining the problems you are seeing. If it turns out he said/she said, then it makes it much more difficult to proceed on the case.
Contact the Law Office of Michael J. Hood
At the law office of Michael J. Hood, in Wilmington, we bring more than 30 years of experience to personal injury victims in Delaware and Pennsylvania. For a free initial consultation, contact us online or call our office at 302-777-1000 for an appointment.
