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Can I sue my live in partner of 8 years for unnecessary pain and suffering?

San Ramon, CA |

The home is contaminated with mold beyond what one can do to cln. It's too wide spread. I have allergic reactions to mold. The insurance policy pays for mold testing and remediation, but declined his claim.

Since December 2012, I have lost my sense of smell, and my eyes are constantly dry and burning. I'm always very tired. I need to be given a cocktail of b-complex vitamins by IV. The eye Dr's treatments are not working since 12-12

I have become very depress, and the stress of all this lead to an attempted suicide May 2013. Also my next door neighbor's sprinkler sprays the wall on a daily basis. There is a nasty strong odor in the garage the wood has fungi.Everyday it gets wet. The nbr refuses to turn his sprinklers away. The molds that affect me the most are Stachybotrys and altemaria.

Attorney Answers 6

  1. You might have a claim against the neighbor if you can prove that is the cause of the mold. Who owns the house that you live in? A lot more info is needed.

  2. You give absolutely no indication of why your partner would be liable for anything.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  3. Why would your roommate be responsible for this situation? Did he do something to cause the mold? Or to limit your ability to leave? Why have you not moved out?

    You have stated nothing in your post that would support suing your roommate for this problem. Pack a bag and go.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

  4. The condition you describe probably constitutes a constructive eviction, which would allow you to break your lease without penalty. As for your live in partner, I'm not sure from your account how s/he has inflicted pain and suffering on you. It sounds more like your neighbor is to blame for perpetuating the mold condition.

    I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.

  5. Unlikely. Best bet is to move out

  6. First and foremost is your health, and second is your legal obligation to mitigate your damages. Presumably you should relocate since the problem has not been corrected where you live. You will also be required to prove your conditions as caused, and your treatment reasonably necessitated, by the mold. You give no indication that you own the contaminated home.

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