Miami Accident Lawyer Blog
Mold is an extremely dangerous environmental hazard that can cause a wide range of health issues and, unfortunately, it affects more homes than you might expect. ComfyLiving.net, an online resource for home décor, renovations, and trends, reports that an estimated 70% of all homes in the US have at least some traces of mold. Due to its attraction to warm, humid environments, mold is a grave concern for residents of Miami – especially renters in apartment buildings who have limited control over common areas and trust their landlords to tackle maintenance and repairs.
If you suffer from a medical condition that you think is linked to dangerous mold in your apartment complex, you may have options for recovering compensation. Time is of the essence with these cases, so retain a Miami premises liability lawyer asap for help with the legal issues. You should also familiarize yourself with mold infestations and your rights.
Dangerous Mold and Implications for Your Health
Mold can thrive in Miami apartment buildings, especially wall paneling, paint, window treatments, upholstery, carpet, ceiling tiles, and paper refuse. Many types of mold may not cause harmful health effects, other than an unpleasant aroma. However, there are numerous strains that can lead to horrific medical complications, such as:
- Skin rashes and irritation;
- Nausea;
- Asthma and other respiratory issues;
- Cognitive difficulties;
- Nose bleeds; and,
- Many others.
Landlord Legal Liability for Mold Injuries
There are multiple theories of liability under which you may be able to pursue your landlord for mold-related losses. The first is Florida’s statute on the landlord’s obligation to comply with local building codes and maintain the apartment complex in good repair. The existence of mold may indicate a violation of the law; this does not automatically prove your claim, but failing to comply with the law could be an indication of negligence under premises liability concepts.
In addition, historically, landlords have been required to provide safe, habitable premises for tenants. The duty at common law includes properly maintaining shared spaces, as well as ensuring individual units are in good condition when the tenant takes possession. Failure to comply with the common law duty may also be proof of negligence.
Special Considerations Regarding Your Legal Options
You should keep in mind some key points that could affect your premises liability claim for mold in your apartment building.
- Your rights are limited if the mold is confined to your individual unit and was caused by your own behavior.
- Some landlords include mold clauses in leases, releasing them from liability if you suffer from mold-related health issues. These provisions are not always enforceable, but can complicate your case.
Contact Our Miami Premises Liability Attorneys for More Information
Our team at Gerson & Schwartz, PA handles a wide range of premises liability cases, including claims against landlords for mold in apartment buildings. For more information about your rights and remedies, please contact our firm right away. We can set up a no-cost case evaluation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.