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Decades ago, apartment renters had to deal with the impact and subsequent legislation over Asbestos.  However, mold accidents have become the new hot-button issue for landlords and tenants. Many types of mold can have a devastating impact on a person’s health and it can get worse.  Mold can manifest from a simple leak and grow to toxic levels without a tenant ever being aware of it. As such, due to the growing number of tenants that are affected by mold growth in their apartments, it is important to follow the proper protocol when this happens.  More specifically, a tenant should: 1) immediately document the suspected mold with photographs and inform their landlord, 2) have the unit tested for mold by an independent inspector, and 3) see their healthcare provider and have necessary tests taken in order to determine if they have been affected by the mold.  Contact West Hollywood personal injury lawyer, Lipton Legal Group, for more information. 

As with any injury or landlord-tenant issue, it is of the greatest importance to document the problems with your home.  Be sure to take a number of pictures of where you believe the mold is growing. Immediately send them (preferably in email for documentation purposes) to your landlord in order to notify him or her of the issue.  Oftentimes, untreated leaks in apartments can start to grow mold from the moisture. Therefore, it is important to notify your landlord of any issues of such prior to the growth of any serious mold. Furthermore, the pictures will both document the problem and give the landlord a clear idea of what areas need to be fixed in the unit. 

Once a tenant has suspected that there is mold in their unit and has informed the landlord of the problem, the tenant should take their own steps to see how bad it is.  A prudent tenant should contact a mold air test company to determine the toxicity levels in their apartment. A specialist will come to the tenant’s home and test the mold levels in various portions of the unit to determine the severity and types of mold. Beverly Hills personal injury lawyer, Lipton Legal, can advise you on the best steps to take.   

Finally, in order to have a successful mold case, you must match the exact type of mold that is found in your apartment to the mold that is in your body.  Additionally, the courts do not put much weight in “at-home tests”, such as mouth swabs. More so, many tests are unreliable due to the presence of “false negatives,” which prohibit the accuracy of the tests.  Having said that, the two most accurate methods to test your body for mold are by blood, and an even better test, by a bronchoscopy. Once you receive your results from the aforementioned mold tests, compare your results to your home air test. 

In summary, mold is a highly complicated, regulated, and expensive type of injury to litigate. It can oftentimes lead to few lawyers wanting to take your case.  If you truly believe that you might be at risk of toxic mold exposure, you must immediately document the mold and inform your landlord. You then need to get an air test done at your home and finally see if there is the same type of mold from your air test present in your body.  If you discover that all of the aforementioned steps apply to you, immediately contact your doctor, landlord, and helpful friends at personal injury lawyers in Los Angeles, Lipton Legal Group, for a free consultation. 

Always remember that if you ever find yourself in such a position or needing more information about your rights or how to protect yourself, call your friends at Lipton Legal Group for a FREE consultation!  Lipton Legal is ALWAYS the Right cup of tea! 

 

Kevin Lipton, ESQ, Managing Partner at the Lipton Legal Group, A PC