Can I Sue a Property Owner for Black Mold Exposure?

Yes, you can sue a property owner for black mold exposure if you can prove that their negligence led to your exposure. Black mold can cause serious health issues, and medical bills can quickly add up.

After black mold exposure, a Fort Myers toxic mold lawyer can help you pursue compensation for your losses.

When Can You Sue a Property Owner for Black Mold Exposure?

You can sue a property owner for black mold exposure if you can prove they acted negligently. 

To prove negligence, the case must show these four elements were present:

• Duty of Care: The property owner had a duty to guests or tenants to provide safe housing.
• Breach of Duty: They failed to act with care. For example, you notified the owner that there was water damage, but they took no action to address the issue.
• Causation: You were exposed to mold because of their actions.
• Damages: You have health issues and medical expenses due to their actions.

What Evidence is Needed to Support Your Case?

Your Fort Myers personal injury lawyer will prove that the four elements of negligence were met by doing a careful investigation.

Some helpful evidence can include:

• Your rental or lease agreement, especially if it explicitly states that the landlord/property owner is in charge of water damage, plumbing issues, or similar maintenance issues
• Photos of the mold
• Testing results from mold samples
• Medical documentation of your health effects
• Any communication you had with the landlord/property owner about the issue

What Compensation Can Be Recovered After Suing a Property Owner for Black Mold Exposure?

You may be eligible for compensation that covers the economic and non-economic costs of illnesses due to black mold.

Black mold can cause a variety of issues, including:

• Breathing problems and other respiratory issues
• Internal organ damage
• Nausea, vomiting, and dizziness
• Skin irritation
• Fatigue
• Mental fog or other brain impairments

These issues can lead to medical bills, sick leave from work, and physical pain. They may also cause lifelong issues. Your personal injury lawyer will fight for compensation that accounts for the full scope of your losses.

This may include:

Economic Damages

This is compensation for financial losses, such as:

• Medical expenses, including hospital stays, surgeries, diagnostic testing, and prescription medications
• Property damage, such as clothing or furniture damaged by the mold
• Lost wages
• Diminished earning capacity, if you are unable to return to the same capacity at your job
• Professional mold removal services

Non-Economic Damages

This is compensation for losses that aren’t directly financial, including:

• Pain and suffering
• Emotional distress
• Lowered quality of life
• Loss of enjoyment of life
• Permanent disability

How Can an Attorney Help With Your Black Mold Case?

Your attorney acts as your advocate throughout the legal process. They will investigate to prove negligence, gather the evidence to support your claim, and keep you updated throughout the case. 

They will also ensure that your legal rights are protected during interactions with insurance adjusters and negotiations for a fair settlement. If your case goes to trial, your lawyer will represent you.

They will also ensure that all legal deadlines are met. The timeline can vary depending on the circumstances of your case. For example, personal injury lawsuits generally must be filed within two years. However, for cases involving a breach of contract, you may have up to five years. Discuss with your lawyer any concerns you may have about the timeline of your case.

Can You Afford an Attorney?

Yes, the lawyers at our law firm work on a contingency fee basis. This means that there are no upfront costs, and you only pay if we recover compensation for you. During your free consultation, we’ll discuss our fee structure and what you can expect.

What Should You Do if You Have an Illness Caused by Black Mold?

Black mold can be hiding out of sight, such as under floorboards or in ventilation systems, which can mean that you have a mystery illness and no explanation. When black mold is suspected, it can be helpful to have a mold specialist conduct a thorough inspection of the property.

If it’s determined that black mold has caused your illness, there are some helpful next steps to take. These are:

• Contact a premises liability lawyer.
• Keep records of any communication you’ve had with your landlord/property owner about the issue. For example, if you sent a maintenance request asking for mold removal, screenshot the request.
• Keep any information provided during a professional mold inspection.
• Keep your medical records detailing your symptoms and diagnosis.
• Keep any receipts or medical bills connected to the black mold issues.
• Take pictures of the moldy areas.

Contact a Lawyer About Black Mold Exposure

Whether the exposure was quickly caught or you had been living with mold for months, the long-lasting effects can be serious. If you’ve suffered harm because of a negligent property owner, a premises liability lawyer can help you seek fair compensation.

At Viles & Beckman, we’ve been helping clients get financial justice since 2005. Once you contact us, we’ll move quickly to gather evidence and secure your legal right to compensation. Negligent property owners should be held accountable, and we’ll fight for that to happen.

Contact us today and get started with a free initial consultation. You can read our client testimonials to learn more about how we’ve helped others.