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Do I need an attorney or should I use small claims court to recover medical costs and damages to furniture infected by mold.

Livermore, CA |
Filed under: Lawsuits and disputes

My daughter was exposed to mold in her apartment. The landlord had a formal inspection
done, and the results were such that my daughter had to immediately move out. We know that it was a serious issue, but the inspection company won't release details, and the landlord has turned it over to an attorney. She was, however, told by the inspection company that "exposure level was 10 times normal and that affected furniture and bedding should be replaced".

Attorney Answers 2


  1. You don't "need" an attorney. But, based on the limited information you have provided, it sounds like it would be highly advantageous if one was retained. (The other side has an attorney, your daughter's damages could likely exceed the small claims court limit, etc.)

    This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.


  2. It all depends on the amount of your damages. If your damages are $10,000 or less, you really should go to Small Claims Court. If your daughter was hospitalized and had serious medical bills exceeding $10,000, and you can prove (and a doctor will testify) that the mold was the causation, then you could seek out legal counsel.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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