I have a black mold problem in my home that is making me ill. What type of attorney do I need for this issue?
I am an asthmatic and have been recognized as it being a disability. I'm living in an apartment that is owned by the city that I live in. I notified the city and an organization that helps homeless people have shelter last year that there was some sort of lint in the bathroom ceiling fan which didn't work. The fan is still broken and My neighbor had a leak in her ceiling and we found black mold. She found the mold in her bathroom vent so I checked mine.. It is gross and since February when we opened the vents I have been very ill. I have been coughing non stop even with strong cough medication. Both of my family doctor and pulmonologist have written letters to have the apartment inspected for mold because my medical conditions are getting worse. I now have to wear a mask when I'm awake and when I sleep. However the mask at night causes humidity from my breath. I have been to the ER several times and can't do any housework without wheezing badly. I use my nebulizer several times a day. I told my neighbor whose has also been ill that we might have a class action against this city. The city that I'm naming isn't where I am but I'm in Arizona
You need to contact an attorney who holds him or herself out as doing black mold cases. These are not run of the mill personal injury claims and require a higher degree of "specialization." Do not hesitate in contacting potential counsel. The fact that your landlord is the city may have a significant effect shortening the time within which you must file a claim AND the time thereafter within which you must bring a lawsuit to avoid being barred by the statute of limitations. Again, make sure you contact an attorney whose field of practices emphasizes black mold cases.
This answer is not fact specific and would require further investigation. A lawyer/client relationship has not been created by giving this very general answer, and Grynkewich Law Offices assumes no responsibility for its contents 1) based on the lack of specific information in the question and 2) based on the lack of a formal written retention agreement.
I would explore a claim against the apartment owner through a real estate Attorney. There certainly is an "injury" component to your claim, however, "mold" cases are very difficult to prove to a Jury. I have handled several of these cases and they are very complex and tough cases to prevail upon. You really need to speak to an experienced and highly rated Attorney that you can find here on avvo.com and set up a free consultation to determine your best course of action. You could pursue a claim through the real estate/tenant route and also the injury route. Both Attorneys can be found by searching this site.
Best of luck with the case,
Tanveer A. Shah, Esq.
Hire a personal injury attorney, one with landlord tenant experience. If you have a renters insurance policy, alert them as well. An attorney can assist you with a claim for your injuries and perhaps obtain alternate housing during the remediation process (i.e. the process of treating the mold)
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
Real estate or landlord tenant lawyers are fine...........
A real estate attorney can help, or an injury attorney who consults a real estate attorney as required may also be able to help.
The above information is given without the knowledge of all the facts of this situation, does not create an attorney-client relationship, and should not be construed as legal advice.
