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Who’s Liable for a Toxic Mold Infestation?

New York’s hot, humid summers have a lot of drawbacks—including toxic mold. Mold infestations can develop in damp, poorly ventilated environments. Toxic mold, commonly referred to as black mold, can cause allergic reactions, respiratory problems, eye, nose and throat irritation, headaches, neurological issues and more.

If you notice a mold infestation in your home, the first thing you should do is contact your landlord. If your landlord refuses to fix the mold problem, and you’ve suffered actual harm as a result, you may have a premises liability claim.

What is premises liability?

There are no New York or federal laws regarding a landlord’s duty to keep a home free from mold. However, there are other legal options available. One option is to file a premises liability suit.

Premises liability is a type of negligence claim. Property owners, including landlords, have a duty to ensure that their property is free of hazards. Because toxic mold can have such serious health effects, it’s typically considered a hazard. If the landlord breaches their duty of care, and that breach (failing to remediate the mold problem) caused a person actual harm (including illness), they may be liable for damages.

What to do when you notice a mold infestation

If you’ve noticed mold in your home—especially if it’s causing you health problems—notify your landlord immediately, in writing. Creating a paper trail is the key to proving that the landlord knew or should have known about the hazard, failed to address it and as a result, you suffered harm.

Keep in mind that premises liability may not be your only means of legal recourse. However, if you’ve suffered health issues as a result of living with mold, a successful claim may help cover medical bills, lost wages during recovery and other associated expenses.

The seasoned personal injury lawyers at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP can review your toxic mold claim and explain your legal options. Call today to schedule a consultation.