What is the statute of limitations on mold in Florida?
Toxic mold claims often arise when materials inside a person’s home are damaged from water or flooding and mold spores grow as a result to the water exposure. Toxic mold is more hazardous to a person’s health than typical mold or mildew growth because it produces chemicals called mycotoxins. Although mold is usually black or green in color it is usually not identifiable except by trained professionals.
Toxic mold exposure can result in a variety of problems, including health issues, the cost of clean up to the home and the expense involved with repairing any damage to the structure of the home.
If your toxic mold claim has been unlawfully denied or your insurance company has acted in bad faith, it is important to hire a knowledgeable Tampa insurance lawyer.
Toxic mold is toxic and can cause serious health conditions with prolonged exposure. If your insurance policy covers toxic mold claims, then your insurance should cooperate and provide the coverage they promised. Unfortunately, some insurance companies will do anything possible to minimize the value of your claim. If you’re having issues with your insurance company, we recommend you get in contact with Germain Law Group, P.A..
Contact the Germain Law Group at (813) 835-8888 for a consultation about your toxic mold claim in Tampa, Florida. Attorney Michael B. Germain is knowledgeable in all areas of Florida’s insurance laws and is experienced in all aspects of damage from mold claims. Call the Germain Law Group today about your property damage claim or claim denial throughout the areas in Hillsborough County, Pinellas County, Polk County, Hernando County, and Citrus County, Florida.
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You’ve probably heard the words “mold” or “toxic mold” in your lifetime, but do you actually know what mold is? Mold is a type of fungi and it grows in multicellular structures known as hyphae. Black mold’s scientific name is Stachybotrys chartarum and it’s known for its dark black or sometimes green color. This type of mold is commonly found in dark moist places like attics, bathrooms, and under the sink.
Black mold releases mycotoxins which are a toxic chemical. These toxins are present in mold spores when released in the air and are often inhaled when humans are exposed. Mold in any capacity is hazardous to your health, but black mold is particularly dangerous. It can trigger severe allergic reactions and with enough exposure could cause pneumonia.
These toxic spores can also affect a person’s mental and neurological state. Trichothecene mycotoxins are sometimes produced by black toxic mold and they are considered neurotoxic. What this means is when inhaled/ingested the toxins attack the neurons in the brain. In the end, exposure to this type of mold could destroy a person’s mental capabilities. It can even result in nervous system disorders like tremors or drastic personality changes including mood swings and irritability.
Some insurance companies may cover mold claims dependin
How much is the settlement for the mold lawsuit in California?
Jeff LaFave has a remarkable history of success both in trial and outside of the Courtroom. Some of the notable case results he has been involved with in San Diego and elsewhere in California are referenced here. Please remember that every case is different and has unique facts. Each case is judged on its specific facts and merits. We can’t promise that if you have a case that appears similar to one listed here, that you would absolutely obtain the same result.
Glasman v. Woodland Village San Marcos, Kyle Wilson, et. al. – $1.2 million
San Diego indoor environmental law attorney Jeff LaFave recently settled a lawsuit brought by a former tenant of Woodland Village San Marcos for $1.2 million. The lawsuit alleged that management/the landlord failed to properly remediate a leak from the unit above which caused flooding and water damage in Plaintiffs home, a unit advertised to constitute luxury senior living. Defendants knew the Plaintiff had a history of COPD and used supplemental oxygen on a daily basis. The failure to remediate led to substantial mold growth which caused elevated airborne levels and visible mold growth. Defendants own testing confirmed the significance of the problem and management disregarded the recommendations of a professional remediation company they had consulted, even though it would have only cost them several thousand dollars to pay for the remediation. As a result, Plaintiff was repeatedly hospitalized for worsening COPD to the point it threatened her life. Plaintiff also alleged retaliation, harassment, constructive eviction and other wrongful conduct by Defendants in response to her and her daughter raising the mold and habitability issues in the home. The case settled shortly before trial.
Doe v. Law-Greenberg and Bill Luther Realty – $500,000
San Diego toxic mold and environmental injury attorneys Jeff LaFave and Katie Schuler recently settled a lawsuit brought by two former tenants for $500,000. The lawsuit alleged that the landlord, Greenberg, and her property manager had failed to properly manage and maintain an expensive home in La Jolla they had rented to the Plaintiffs. The primary problem in the case focused on crawlspace moisture caused by improper drainage and leaks. The water damage in the crawlspace cause toxic mold growth and moldy smells, including mold exposure throughout the home, making the plaintiffs sick. Plaintiffs alleged the landlord and property manager had failed to properly maintain the home, causing it to be uninhabitable, including failing to conduct preventative maintenance inspections. The husband alleged that he had to have sinus surgery as a result of the mold exposure and that he had lost hearing in one ear because of middle ear infections causing Eustachian tube dysfunction. The case was settled shortly before trial.
Vuckovich v. Starvest, et al – $2,200,000
Attorneys Jeffrey LaFave & Katie Schuler recently settled a wrongful death/mold exposure case for $2.2 million. Mr. LaFave & Ms. Schul
Can I sue for mold in California?
Per California law, mold is one condition that can render a residence substandard. A landlord whose rental unit is cited by a city or county building inspector as substandard is required by law to repair the condition. If the landlord does not repair the mold condition within 35 days, they may have to answer to their tenant, as noted below. There are other laws regarding mold in residential rental units as well.
The city of San Francisco has enacted a municipal law that identifies mold as a “public health nuisance.” This puts it in the same status as accumulated trash or pest infestation. A landlord should prevent it, and if a mold problem arises, a landlord should fix it.
This municipal law gives tenants in rental units in San Francisco the legal right to file a lawsuit naming their landlords as defendants. The lawsuit would allege that a landlord has violated city nuisance laws if they have not removed any identifiable mold located in the interior part of a building. Other cities have comparable municipal ordinances.
In California, the warranty of habitability that is implied in every residential lease may also offer tenants a solution to a toxic mold problem in their rental residence. This implied warranty of habitability defines a landlord’s duties regarding mold and other conditions in a rental unit that may make it uninhabitable.
California tenants who believe they have been harmed by the presence of high concentrations of black mold in their residential rental unit may sue their landlord in court for damages to compensate them for their losses.
As in the case of other personal injuries, they would claim negligence on the part of the landlord. If a court finds that the person’s landlord was negligent in failing to prevent or failing to fix a mold problem in a residential rental, the person could be awarded compensatory damages.
Of course, to succeed with such a lawsuit, a person would have to prove in what way the landlord was negligent and how the negligence caused a mold problem in the person’s residence. In some circumstances, this may be challenging. However, a tenant has other options as well, as noted below.
There are many types of mold, including black mold. The mold, Stachybotrys Chartarum, is the mold that people refer to as ” toxic mold.” However, all molds can cause adverse reactions in people who are allergic or sensitive to molds or certain kinds of mold. Medical experts tell us that black mold is, in fact, not any more dangerous than any other kind of mold.
Black mold is common, growing on cotton, wood, and paper. It may also have a greenish tint. Black mold sometimes produces toxic chemicals that are spread when the spores or fragments of the mold become airborne.
These airborne spores and bits are referred to as “mycotoxins.” If a person eats these spores and bits, they can become dangerous. Simply inhaling the mycotoxins of Stachybotrys Chartarum does not cause any kind of fatal illness. They do, however, present risks to people who.
Can you sue for mold in Florida?
Every landlord should take mold seriously. A top environmental hazard, mold thrives in warm, damp places, and often grows quickly in basements, attics, and other parts of buildings with poor ventilation and humidity problems. Although mold is often associated with buildings in wet climates, no rental property is immune from a mold outbreak, as one can occur following an unattended spill, faulty plumbing, or even a misdirected lawn sprinkler.
If you own or manage a rental property in Florida, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights in Florida when it comes to mold in rental properties.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as “rent withholding,” is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Florida are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as “repair and deduct,” involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Florida Tenant Rights to Withhold Rent for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord’s responsibilities when it comes to mold. Also, Florida doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, a local news channel investigation uncovered tenants at an Orlando, Florida, apartment complex living with serious mold, leaks, and flooding issues, as well as damaged electrical outlets that posed a fire hazard. The city reportedly fined the landlord $15,000 per day for 31 violations of its health and safety code.
Florida doesn’t have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn’t impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing.