Mold or Other Hazardous Conditions
When most people think about premises liability, they first think of slip and fall or trip and fall legal claims. However, the true definition of premises liability is much broader than just simple slip/trip and fall accidents.
Instead, premises liability arises any time that a property owner or someone managing a property (e.g., lessor, occupier, or controller) does not keep it safe for your visitation and use.
Defining Unsafe or Hazardous Conditions in California
The general requirements for unsafe conditions on a property in California include:
- The condition created an unreasonable risk of harm;
- The property owner or occupier knew of the risk or, by using reasonable care, should have known about the condition; and
- The property owner or occupier failed to repair the condition, protect you, or give you an adequate warning of the situation.
A hazardous condition includes any circumstance where a visitor may not realize or appreciate the danger.
Mold as a Hazardous Condition
Mold exposure can have a wide variety of health effects that vary from person to person. Some people are simply more sensitive to mold than others.
Mold exposure is more common than you might think. In fact, it is one of the top environmental hazards in both residential and commercial buildings. It can be found in leaky windows, roofs, or pipes. It can grow in dust, wallpaper, drywall, and fabric.
Some of the most common negative reactions to mold include things like:
- Stuffy or runny nose
- Wheezing
- Red or itchy eyes or skin
- Shortness of breath
- Fever
- Cough
Ongoing mold exposure can even result in the development of certain chronic breathing conditions, such as asthma.
Those with underlying breathing issues are more susceptible to fungal infections. Problems with immune suppression or lung disease, for example, will often increase the negative side effects of mold exposure.
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Legal Liability for Mold Exposure or Exposure to Other Hazardous Conditions
Repeated mold exposure or exposure to other hazardous conditions, such as toxic fumes, rarely happens outside of a rental property or commercial area in which you spend a lot of time—such as at work. Regardless of where it occurs, you can often still assert a premises liability claim for any damages related to exposure to any hazardous condition.
California enacted a new law in 2016 that gave renters additional rights to remedy mold issues in residential apartments and other housing rentals. Specifically, renters could report the conditions to the city. The city would then demand repairs and fine landlords that failed to comply. This type of remedy is permitted in addition to your rights under civil law to assert a mold exposure claim.
Damages for Exposure to Mold or Other Hazardous Conditions
Some of the most common damages associated with exposure to mold and toxic substances include:
- Medical expenses
- Costs to repair or remediate the mold problem
- Long-term loss of earnings or ability to earn wages in the future
- Loss of enjoyment of life
- Costs associated with relocation or loss of business
Every case is different, which means that your money damages will vary depending on how the exposure has affected you.
Getting Help with Mold or Other Hazardous Conditions
If you think your health conditions or business losses are related to mold or other hazardous condition exposure, then you should consult with a California personal injury attorney experienced in premises liability. He or she will be able to tell you what you should do next and how you can effectively assert your legal rights.