In short, yes. In the state of New York, tenants may have the right to sue their landlord for mold related issues under certain circumstances. Under New York law, landlords are required to maintain rental properties in a habitable condition.
It is important to note that New York does not have a specific statute that directly addresses landlord responsibility for mold. However, landlords are required to maintain rental properties in a habitable condition under the implied warranty of habitability. The implied warranty of habitability is part of New York’s landlord-tenant laws.
Importantly, mold is recognized as a potential health hazard, and landlords can violate this warranty if it results from the landlord’s negligence. Generally speaking, landlords are responsible for addressing mold issues caused by structural problems, such as leaks, poor ventilation, or faulty plumbing.
However, tenants may also share responsibility if their actions, such as failing to timely report water damage, contributes to the growth of the mold. If the landlord is negligent in addressing mold related issues, then tenants may have grounds to sue their landlord. Examples of common reasons a tenant may sue their landlord for mold-related issues include:
- Breach of Warranty of Habitability: If the landlord fails to address mold problems that render the property uninhabitable, tenants may claim a breach of the warranty of habitability
- Negligence: Tenants must prove the elements of negligence and demonstrate that the landlord was aware of the mold issue and failed to take reasonable steps to fix it
- Health and Property Damage: Tenants may also seek compensation for health issues caused by mold exposure, such as respiratory problems or allergic reactions, as well as property damage to belongings affected by mold
Additionally, New York State’s Article 32 of the Labor Law regulates mold assessment and remediation practices. In other words, that law establishes standards for handling mold issues safely and effectively. Importantly, the law primarily applies to licensed professionals conducting mold related activities.
Who Can Bring a Toxic Mold Lawsuit, and What Evidence Is Necessary for a Claim?
Any individual who has suffered harm due to toxic mold exposure may bring a mold lawsuit. This includes tenants, homeowners, employees, or anyone who has been exposed to mold in a property where another party is responsible for its maintenance or safety.
Common defendants for toxic mold lawsuits include landlords, property managers, contractors, or builders who failed to address mold issues or anyone else who otherwise contributed to the conditions that caused the mold.
First, the person who is seeking to bring a toxic mold lawsuit must prove that they are eligible to bring such a suit. This means that the person alleging they were harmed (i.e., the plaintiff) must show:
- Exposure to Mold: The plaintiff must provide evidence that they were exposed to mold in the property in question
- Harm or Damages: Next, they must show proof of physical, emotional, or financial harm caused by the mold exposure
- Responsibility of the Defendant: Finally, they must provide evidence that the defendant’s negligence, breach of contract, or failure to disclose the mold issue led to the exposure
In order to be successful in a toxic mold lawsuit in New York, you must have substantial evidence to support your claim. It is recommended to set up a lawyer consultation with a local New York lawyer to assist you with your claim. Key pieces of evidence in a toxic mold lawsuit include:
- Medical Records: You should always keep documentation of health issues linked to mold exposure, such as respiratory problems, allergic reactions, or other illnesses
- Expert testimony from medical professionals connecting the health issues to mold exposure may also be used to prove negligence and causation
- Property Evidence: You should also provide evidence of the property, such as photographs or videos of the mold in the property, maintenance records showing the defendant’s failure to address mold issues, or any inspection reports or environmental testing results confirming the presence of toxic mold
- Communication Records: You should always maintain copies of any written complaints or notifications sent to the landlord, property manager, or responsible party about the mold issue, as their response (or lack thereof) may be used as evidence of their awareness and negligence
- Expert Testimony: In addition to medical professionals, testimony from environmental specialists or mold remediation experts to establish the presence and severity of the mold may also be needed
- Financial Records: Receipts for any medical treatments, medication costs, property repairs, or temporary relocation expenses incurred due to the mold issue should also be maintained, as such evidence will be needed to establish your total damages
It is important to note that in New York, the statute of limitations for filing a toxic mold lawsuit is generally three years from the date the plaintiff discovered or should have discovered the mold exposure. As such, you should always act promptly in order to preserve your right to seek compensation for your damages.
How Do I Prove if Mold Is Making Me Sick?
In order to prove that mold exposure is making you sick for the purposes of a toxic mold lawsuit in New York, you need to establish a clear connection between the mold and your health issues. This often requires gathering the evidence outlined above that demonstrates both the presence of mold and its impact on your health.
As such, you should always seek medical treatment immediately if you believe you have been harmed from mold, and be sure to obtain documentation from your healthcare providers detailing your symptoms, diagnoses, and treatments.
Common symptoms linked to mold exposure include respiratory issues, allergic reactions, skin irritation, and fatigue. Further, a medical professional, such as an allergist or pulmonologist, can provide expert testimony and documentation linking your health problems to mold exposure. In order to do so, they may conduct tests, such as blood tests or skin prick tests, to confirm mold allergies or sensitivities.
Additionally, you may also choose to hire a certified mold inspector to assess your living or working environment. Their report would be able to identify the type of mold present, its concentration, and its potential health risks.
Photographic evidence, such as clear photos or videos of visible mold growth in the property, may also be used to prove causation, i.e., that the mold exposure directly caused your health issues. A combination of all of the above evidence can be used to prove the mold made you sick and can result in better personal injury settlements.
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What Damages Can I Recover for Toxic Mold Injuries?
In New York, individuals affected by toxic mold exposure can recover various damages if they succeed in their lawsuit, including:
- Medical Expenses: Individuals can recover costs for diagnosis, treatment, and future medical care related to mold induced health issues
- Property Damage: Individuals can also recover compensation for the replacement or repair of items and property harmed by mold, such as furniture and clothing
- Lost Wages: Lost wage claims address income loss due to health problems from mold exposure, including potential future earnings
- Pain and Suffering: These awards are for physical discomfort, emotional distress, and diminished quality of life caused by mold exposure
- Relocation Costs: These costs are reimbursement for temporary housing expenses if the property becomes uninhabitable due to mold
- Punitive Damages: In cases of gross negligence or misconduct, courts may also impose additional financial penalties on the responsible party in order to punish them and deter them from future wrongdoing
What Other Parties May Be Liable for Toxic Mold?
In New York, liability for toxic mold can extend to various parties beyond landlords. For instance, property managers, contractors, builders, architects, engineers, manufacturers of defective building materials, and previous property owners who fail to disclose known mold issues may all be liable for toxic mold.
Class action lawsuits are also possible, especially in cases where multiple individuals are affected by mold infestations caused by the same negligent party, such as in apartment complexes or public housing.
Class action lawsuits allow affected individuals to collectively seek compensation and address widespread mold problems. A New York class action lawyer will be aware of any ongoing class action lawsuits that you may be eligible to join, or even create a class on your behalf.
Do I Need an Attorney for Help With a Toxic Mold Claim?
If you have suffered harm due to toxic mold exposure in New York, it is advisable to consult an experienced personal injury or landlord-tenant attorney that handles mold related cases. LegalMatch can assist you in connecting with a qualified local attorney familiar with New York’s laws and regulations.
Further, a New York class action lawyer may also be good if the toxic mold that harmed you also harmed a lot of other people. During your consultation, the attorney will review the specifics of your situation, and recommend your best course of legal action.
An attorney can evaluate the extent of your injuries or property damage, help you gather crucial evidence such as medical records, environmental inspection reports, photographs, or other evidence tending to prove negligence. They can also assist you with addressing any legal challenges that may arise during the process.
Further, a lawyer will also be able to ensure your claim complies with New York’s legal requirements, including timely filing your lawsuit, meeting court deadlines, and helping you prepare your case for trial if necessary. Finally, they can also represent you at any necessary in person court proceeding and help you achieve the best possible outcome for your case.
