Through her attorney, Robert McKee, Jividen declined to comment about the case because its not over. He was renting a studio. I got home and sure enough I found dark black mold all over the air ducts and on my bathroom ceiling. The Mold Lawyers at the Law Firm of Militzok & Associates are proud to provide legal services within the State of Florida for cases involving toxic mold exposure, sick building and indoor environmental litigation. Of course, mold can be smelly and unsightly, but what happens if youve had exposure to mold? I have been dealing with the water leakage in my pantry since I move in here, they come and fix it according to them and nothing gets done. If proper maintenance is not followed, the volatile organic compounds released by some molds that are toxic and associated with Sick Building Syndrome (SBS) may grow and cause injury. In some units, they found mold spores equal to 100 times the number of spores naturally occurring outdoors. Mold underneath the bathroom sink, kitchen sink, around bathtub, bad odor coming from air conditioning vents, my son said you have blk mold in your house, how do i realte this to my landlord without no problem or a coviction? If the source of water is elevated humidity, relative humidity should be maintained at levels below 60 percent to inhibit mold growth. The first step in any mold investigation is to inspect for any evidence of water damage and visible mold growth. Toxic mold exposure can lead to very serious health consequences. You can see the floor board for the upstairs AC closet. In some cases, the cause may be mold or other consequences of water damage, such as dust mite amplification, or bacteria. There have been issues, the biggest concern that I have is that I am a mother of four children who deserve to live in a safe and clean environment. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, The Art of Entertainment Law: A Conversation with Robert A. Celestin, Buying Legal Council Appoints Jason Winmill as New Chair, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. He might even try to blame it on you, saying it never would have happened if you didnt leave wet towels on the bathroom floor or if you used the fan when showering. The way I described it in part in closing was that its really not living. What if you dont live in Florida, and you live in California? I have to throw out a cabinet that was against the wall. According to the lawsuit, Jividen moved into Mar Lago Village in early 2016. By then, it may have done irreparable damage, since mold eats whatever it lives on until the structural integrity of the property is at risk. A jury awarded more than $48 million to a woman who claimed that she was poisoned by mold in her Plantation apartment. I have been living in a property managed condo rental unit for 6 months now. A judge in mold exposure cases can award what is known as punitive damages. Rent Two Bedroom and Two Bathroom Cant use But One The Other Bathroom Mushrooms in That One The Other Bedroom Mold Cant Sleep In Its I Sleep On Sofa My Whole Body Hurts. In 1998, the Florida Court of Appeals affirmed an over $14 million verdict in favor of Martin County and against the construction manager of a county courthouse based on the growth of "toxigenic" molds, water damage, and indoor air quality problems resulting from construction defects in the courthouse; 7 You see I had a plup on my vocal cords which prevent me from talking clearly. She lived in the apartment alone, McKee said. The washer sits outside, it had no overhead roof. These and other questions remain unresolved. Simply provide us with your attorney information and the amount you need and we will take it from here. They knowingly knew about this and did NOTHING! From my new focused perspective. Any suggestions to bring accountability or litigate these demons would be appreciated, they have now forced me into a situation of costly relocation just by not responding! This is full negligence because the apartment Maitenance men are the ones who change the filter monthly (and the filter couldnt have been changed in a while because it was black and soaked I have a 18 month old whos had constant chest colds and the doctor didnt think it was anything else. The National Institute for Occupational Safety and Health (NIOSH) prefers the term "Indoor Air Quality" (IAQ) rather than SBS. The telling factor is if the symptoms ease when workers are at home or on vacation. I have pictures of blk mold in my phone., pluse more. No lawyer in Florida wants to help me out here. I have 3 types of Toxic Black Mold in the attic storage area due to improperly installed and maintained HVAC systems. The new industrymold remediationis trying to create standards. You must show that but for this toxic black mold, you would not have damages. Someone came out and said they would have to rip the floors up to identify the leak, so they said the best they could do is spray paint the discoloration in the ceiling. USClaims does not currently provide funding to consumers residing in Arkansas, Kentucky, Maryland, Minnesota, Mississippi, Washington, D.C., or West Virginia. can differ greatly in intensity from individual to individual. I have six Grandchildren and other family that have visited here over the past 2.5 years and these people do not acknowledge the human element. You dont need to wait until someone becomes sick to make a claim because the presence of toxic black mold means that the residence is uninhabitable. September 2004, CALIFORNIA $8.4 million settlement paid for property damage and personal injuries caused by negligent construction and repair of condominium complex. Who can we contact at your Law Firm to finish the application: Leaky Roof Leads to $48 million settlement, Workplace Woes Leads to $18 million settlement, Construction Defects Results in $22.6 million Settlement, Lost productivity due to a chronic illness, Pain and suffering are also compensated, especially if the plaintiff has lived with toxic-mold illnesses for a lengthy period of time. All settled the case with the exception of the roofing company, which defaulted on the lawsuit. The breakdown of the payment was, on an interesting note,: $1,300.00 to medical bill claimants, $270.66 to lien claimants, $3,400.00 for solicitor fees, and $2,315.29 for solicitor expenses. We are able toretain some of Floridasleading experts in the field of black mold and indoor air quality including allergists, toxicologists, immunologists, contractors, and remediators. 1250 S. Pine Island Road, Suite 225 Plantation, FL 33324. If 20 percent of the workforce has symptomsincluding watering eyes, hoarseness, headaches, dry itchy skin, dizziness, nausea, heart palpitations, miscarriages, shortness of breath, nosebleeds, chronic fatigue, mental fogginess, tremors, swelling of legs or ankles, and cancerthe building may be labeled a "sick building." Call 954-241-2260 for a free case review Most Frequently Viewed Mold Articles There's no need to start dialing you doctor's number; out of roughly 1,000 north american species, the majority of molds that humans encounter in their daily lives are actually quite harmless to the average healthy human in small amounts. It wasnt until June 2017 that she tested for mold herself, according to the lawsuit. Mold can exist undetected in homes, apartments, and condosfor many years. Last week my other bathroom was clogged so I had to use my master bathroom. His son worked nights. If you were injured as a result of the toxic mold, I would strongly recommend meeting with an attorney to discuss your legal options. After writing a demand payment letter to your landlord, you should prepare evidence related to losses and damages, present your case and (hopefully) collect damages. Mold grows on all plants, animal matter, and in soil. At Harbour House, experts retained by the plaintiffs found mold in 450 of the tower's 452 units. She was a home health aide who volunteered with special-needs children, and loved to spend time outdoors snowskiing, boating, tubing and horseback riding. If your belongings have been damaged because of black mold, contact your insurance company immediately. Let our West Palm Beach personal injury lawyers at Pike & Lustig, LLP, help you hold your landlord responsible for failure or refusal to rectify the problem and pursue compensation for . Mold Lawsuits and Settlements. I went into my apartment and opened up the AC return air vent. Proving a Toxic Mold Case. This unfortunate matter was right as the pandemic hit. We also have knowledge of some of Floridas bestphysicians who understand and can assist in evaluating and diagnosing what injuries may have been suffered as a result of toxic mold exposure. The update noted, with some concern, that the earlier findings had been cited in health guidelines, congressional testimony, and the popular media. . They moved in suddenly my granddaughter started snoring loudly, sleep apnea, sneezing fits like severe allergy respiratory issues waking up screaming her skin very red and inflamed bad gastric gas constipation tonsils swollen to the point they had to be removed.They moved out in April. Phone Representatives Available: 24/7, Copyright 2016-2022 Militzok & Associates, P.A. What legal actions do I have? If you are a homeowner or commercial business owner whose building is contaminated by toxic mold growth, causing adverse health effects and property damage, considering hiring a toxic mold lawyer. Officially known as Stachybotrys chartarum, this type of fungi can lead to serious health issues after prolonged periods of exposure. *By clicking CONTINUE, I consent to the Privacy Policy and the Terms of Use, including mandatory arbitration. Filed Under: Florida Tagged With: landlord liability, negligence, safety, toxic tort. While this is warranted in certain situations, many times some mold is okay or even desired. Symptoms of TMS include: People who suffer from weakened immune systems are more likely to experience the harmful effects of toxic mold. Not a Bloomberg Law Subscriber?Subscribe Now. are paving the way for Florida residents of toxic mold exposure in court and helping those who are experiencing mold sickness from exposure to hazardous indoor air quality. Landlords have a duty to repair dangerous conditions in a reasonable amount of time. It all. (800) 827-4242. Air sampling for mold may not be part of a routine assessment because decisions about appropriate remediation strategies often can be made on the basis of a visual inspection. They took him off of hospice In May 2019. For several years in the late 1990s, Florida experienced severe drought, and only . Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. Landlords have an obligation to provide reasonably safe housing. The case was one of 19 suits filed by current or . As a result, litigation claiming injury due to fungal or mold contamination is a growing industry. Mold claims appear in both wet areas, like Houston, as well as in dry areas, like Phoenix. Its likely difficult to take these steps right now during the pandemic, but you should provide written notice to your landlord that theres a possibility theres black mold and ask the landlord to take appropriate measures to look into remediation. Try looking through the Enjuris law firm directory for someone local. This article was written and reviewed by Matthew Dolman. I would sincerely appreciate any feedback. It keeps cousing damage to the pipes. All Rights Reserved. While people are exposed to molds quite often, it is usually in very small amounts and they are of a fairly benign variety. I have other health issues also. Being exposed to a dangerous element is already risky enough and if you have been exposed it is important to seek a settlement that can help you to get the care you deserve. I had many lawyer hang up the phone on because they thought i was drunk at the time. Materials exposed to high humidity can become moist enough to support mold growth. The CDC has documented mold infections in immunosuppressed individuals in hospital settings, where some nine percent of hospital-acquired infections are caused by fungi. Regardless, the 1995 report is still cited in court as evidence that molds are toxic. Our Floridamold lawyers have experience in representing victims of exposure to all types of indoor contamination, including injuries from exposure to black mold, water damage, bacteria, sewage, toxic chemicals, lead, radon, hazardous waste, and carbon monoxide. Part of the phenomenon is the chicken and egg scenario. You can send them an email, and no one comes to fix your concern. Im not the type of person to sue anyone but I am left with no choice. I want all my money back since moving in.Why are people making money at the expense of my health and well being?????? Step 5: Retain an attorney. What isn't common knowledge is exactly how mold injures you, exactly which molds injure you, and other useful but unknown bits of info. Terms of Service. . Ive been to the hospital a couple of time about the black mold, i cant afford to move no where else due to the fact i live off a fix income, i really wonna move, can i sue my landlord? Repeated exposure to mold or mold spores may cause previously nonsensitive individuals to become sensitive. Proving these two elements may be challenging, but its worth meeting with a personal injury attorney in your area to discuss the strength of your case. You can contact the publisher, Specialty Technical Publishers at www.stpub.com or (800) 251-0381. The mold found in a tile over Judge Krant's office was found to be stachybotrys, which she linked to certain illnesses. Jividen Family of South Florida Wins $48 Million - 2021 One of the largest settlements ever, Lynette Jividen sued her building owner and management company after becoming ill due to toxic mold. It goes without saying that each case involving toxic mold is unique. I have complained to my landlord for over a year that my condo is infested with rats and have pictures of about 20 rats that I trapped in the unit. I live in Florida. About Us| The last thing any landlord wants to hear is, Hey, I think theres black mold in my apartment. They dont rip out walls or replace damaged insulation. I have asked to be move to another unit and is like talking to the wall. I would be showing the pictures because at this point, I dont know what to do, is not fair to me and my children. Its completely black. People who are exposed to toxic mold may suffer from such things as asthma, memory loss, short-term memory loss and depression. After Hurricane Irma in September 2017, the leaking got worse. SinceSouth Florida has such a high incidence of mold-related injuries as a result of our climate and since many landlords, condo associations and insurance companies do not take mold sickness resulting from toxic mold exposure seriously, Militzok & Associates is proud to serve our mold clients on a contingency fee basis which means that we only get paid when we collect money for the client. Often, the largest expense incurred by insurers faced with mold claims are the fees of experts to test for mold and provide opinions on what is needed to remediate the situation. (321) 343-6040 (Central Florida) A full table of contents is available for review at www.stpub.com/pubs/mold.htm. That its really not living ( 800 ) 251-0381 for the upstairs AC.! Apartment and opened up the phone on because they thought i was drunk at the time youve had exposure mold!, but what happens if youve had exposure to mold or other consequences of water and... 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