Your attorney can help you figure out which party or parties to sue so that you can receive appropriate compensation for any damages you have sustained. The family of a former student at St. James Elementary School has filed a lawsuit against Horry County Schools, alleging he became sick due to exposure to mold while at the school. Research the lawyers background and history of case results. To schedule a consultation, contact our attorneys today. On October 30, 2006, a Maryland toxic mold lawsuit filed in St. Mary’s County resulted in a verdict of $270,000. Contractors, subcontractors, roofers, framers, etc. Many people blame the increasing American culture of wanting to sue. A systematic and zealous defense approach within a particular industry, or even by a particular defendant,would likely reap enormous benefits with respect to mold and mold-related IAQ litigation. You can always contact your local Bar Association to determine whether the attorney of your choice is duly licensed to practice and whether he has been subject to disciplinary procedures in the past. By … The following day, AMH sent two quality assurance/quality control workers, who said they found “dry, dead mold.” They scrubbed a one-foot section with Tilex, and sprayed the area with Concrobium, a disinfectant cleaner, according to the lawsuit. For instance, the presence of black mold in an office building may be the result of a structural defect that led to excess moisture within the building. Your medical bills will be the most concrete measure of how much your case is worth. If you bought a newly-built home, architects, builders, and contractors could be liable if they performed sub-standard care, … Unchecked mold growth can also cause building damage. In many cases, there may be more than one party whom you can file a mold lawsuit against. Infamous Texas Mold Claim Lawsuit Settled. Depending on the circumstances, property owners may be able to sue the builder or contractor for allowing toxic mold to grow and spread. It’s important to know what to look for in a toxic mold attorney before you choose your counsel. By Coulter Boeschen. Fort Hood families to file lawsuit after mold found in on-post housing "The Army doesn't seem to care." Can I file a lawsuit for mold in rent house. Set up a consultation with any lawyer you are considering hiring. Small Claims Court Lawsuits Involving Mold. TAMPA, Fla — The federal lawsuit filed by families from MacDill Air Force Base regarding mold and other issues related to housing on base is moving forward. However, many factors play into the overall increase of claims being filed. In toxic mold cases, you generally have standing if you are: A Tenant: Tenants, those who lease their homes, are the most common group of individuals to file toxic mold claims. It may also be an instance where a seller failed to disclose the presence of mold on the property, making them liable for the issue. Share. Lawsuits for Toxic Mold Exposure in Your Home. How to File a Toxic Mold Lawsuit. How to file a lawsuit against my apartment complex for mold and no hot water? According to the lawsuit, Shane Winn first discovered the mold Feb. 10 in the laundry area in the basement, and contacted Aurora Military Housing the same day. Whether you end up being able to negotiate successfully with the insurance company, or must file a lawsuit and go to court, will depend in part on how organized and … The Trex decking settlement resolves a 2009 class action lawsuit (Mahan v.Trex Company Inc.) that alleges certain wood-plastic composite decking products sold by Trex were defective and susceptible to mold, mildew, fungus, or other spotting and discoloration.According to the product’s 25-year warranty, the decks would not suffer from material defects or damage from fungal decay, … If it can be determined that one’s health problems are related to mold exposure, there may be grounds for a lawsuit. Mother claims the toxic mold found inside her home made her children sick. According to the lawsuit, the Winns had ongoing concerns, and more mold was discovered March 4. It may be a matter of negligence (such as the instances with the contractor or landlord), or it may constitute a breach of warranty on the part of the builder. Toxic mold cases are a relatively new species of “toxic tort” lawsuit, with an increasing number of such claims being litigated each year. My firm invites you to contact us to learn more about your legal options with a free consultation by calling 469-562-4000. Please select a city from the list. Please choose a category from the list. This group is the most likely to experience health issues as a result of toxic mold exposure. Many people blame the increasing American culture of wanting to sue. SPARTANBURG Co., S.C. (WSPA)–Five Spartanburg County Courthouse employees filed a lawsuit Thursday over what they call unsafe working conditions due to ongoing mold-related issues at the courthouse. Share. File (turn in) a lawsuit against the landlord in court. Consider how the other person cost you and be realistic. Building managers, property owners, and others in charge of real estate have a duty to make sure their premises are safe. I moved in on June 1st the a/c was not working at all. To file a federal lawsuit, start by identifying who you want to sue and what rights you're arguing were violated, like civil rights. In a premises liability claim, this will largely depend on the degree of medical treatment you need as a result of exposure. It took 15 days to address the problem. For example, if your homeowner's insurance company refuses your claim for mold eradication, you may be able to use the courts to force the insurance company to pay up. There are various types of mold that can be harmful to one’s health, the most common of which is known as black mold. The company asked for the lawsuit to be thrown out, arguing the employees’ sole remedy was workers’ comp. Lawsuits Won Against Mold Here are some examples of lawsuits resulting in high-dollar awards to those who suffered because of toxic mold: A Group in California A group in California was awarded $1.3 million for claims against contractors that performed work so poorly it caused leaks and allowed mold to enter their homes. Less tangible factors may also be included, such as pain and suffering, diminished quality of life, and … In order to file a lawsuit, you must have legal standing. Lawsuits for Toxic Mold Exposure in Your Home. Civil lawsuits in which one party sues another work differently from criminal trials. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction's dollar amount limits on claims, you may be able to resolve the issue in small claims court. In seeking a toxic mold litigation attorney, be sure to find out whether she has a history of filing mold lawsuit cases. Whatever the specific deadline that applies to your case, if you don't go to court and get your case started before the deadline passes, you'll likely lose your legal right to bring a lawsuit over the incident. Mold that has built up in confined or poorly ventilated spaces can cause or exacerbate health issues such as asthma, allergies and infections. Here’s how to file a lawsuit: Search for potential lawyers with experience handling your type of case. Although you can certainly research mold laws in your area, a good mold lawsuit attorney can inform you as to whether your case has any chance of being successful in court. Wikibuy Review: A Free Tool That Saves You Time and Money, 15 Creative Ways to Save Money That Actually Work. Call Steven Wright Law for Help. Now, Mercedes-Benz has agreed to a class-action settlement. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Because toxic mold and mold claims are extremely difficult in Texas, few Texas lawyers will actually handle toxic mold and mold lawsuits. As your attorney builds your case, he may issue a settlement offer to any of your defendants. Pinning down the exact cause—and therefore who’s at fault—can be difficult, however. In that case, the contractor could be held liable. We offer honest answers on what’s involved in filing a lawsuit, how the trust fund process works, what money is available and how long it all takes. Here’s how to file a lawsuit: Search for potential lawyers with experience handling your type of case. Causation is one of the largest and most hotly disputed issues. It may also be an instance where a seller failed to disclose the presence of mold on the property, making them liable for the issue. Then, visit the clerk's office of the court where you'll be filing your complaint to find out what forms need to be filed. How to Report Mold in the Workplace. 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