Are you trying to win a personal injury case for mold in Florida? Then it’s important you prove that another party’s negligence was directly responsible for your exposure to toxic mold and that your injuries stem directly from that exposure.
Your exposure to toxic mold must have been long-term to the point where you suffered serious damage.
Understanding Toxic Mold Exposure and Your Rights in Florida
Toxic mold is a fungal growth that often appears black, green, gray or white in color that grows in damp areas. As it requires minimal moisture to grow and spread, its presence usually indicates that there is a problem with the home or other property that must be addressed by the landlord or property owner. When a person is continuously exposed to toxic mold, especially on a long-term basis, it can lead to a variety of health problems.
In Florida, people have rights when they live in rental property. Those rights include living in safe and livable housing. There are also state laws pertaining to mold in the Landlord-Tenant Act.
You Have the Right to Rent Safe and Livable Housing
Landlords are required to ensure that their tenants’ living space is safe and livable. As a result, if harmful, toxic mold is determined to be present, the tenant has the right to request that it be removed and any problems that caused the mold growth to be addressed. If the landlord refuses, the tenant has the right to withhold rent as this level of neglect is considered an aggravating circumstance.
What Are the Mold Laws in Florida’s Landlord-Tenant Act?
Unfortunately, there are no federal or state laws pertaining to Florida’s Landlord-Tenant Act. However, if a tenant has suffered illness accompanied by a variety of serious symptoms from long-term mold exposure, they have the right to hold their landlord liable in a personal injury lawsuit to recover compensation for their damages. A landlord can be held accountable if an investigation determines that mold growth in their property violates state health and safety codes.
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Statute of Limitations for Florida Mold Cases
The statute of limitations for mold cases in Florida is four years. This means that a person who has suffered a personal injury from exposure to toxic mold must file a lawsuit within that time period to have their case heard and get the chance to recover damages.
What Is the Legal Definition of a Personal Injury Case Due to Mold?
A personal injury case due to mold in Florida or anywhere else falls under the sub-category of premises liability. These claims cover both personal injury and property damage but are sometimes complex. As a result, it’s important for anyone filing a lawsuit to consult with a personal injury attorney who is experienced in the area of damages stemming from toxic mold exposure.
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What Is the Average Settlement for Florida Toxic Mold Lawsuits?
The average settlement for toxic mold lawsuits in Florida is $31 million. Of course, each case is unique, so one plaintiff’s settlement might be different than the next one’s award.
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What Kinds of Injuries Might Result from Mold Exposure in Florida?
In many cases, mold exposure can result in mild symptoms such as allergic reactions. Some of those symptoms can include sneezing, coughing, headaches and fatigue.
Allergic Reactions from Mold Exposure
In many cases, mold exposure can result in mild symptoms such as allergic reactions. Some of those symptoms can include sneezing, coughing, headaches and fatigue.
Respiratory Problems from Mold Exposure
Once a person begins experiencing respiratory problems from exposure to toxic mold, they might be in trouble. Continuous dry coughing and wheezing can lead to the development of asthma, bronchitis or even pneumonia. All of these problems can be serious and long-lasting or even permanent.
Skin Irritation from Mold Exposure
Mold exposure can lead to skin irritation in the form of rashes, itching and redness. Usually, this occurs when a person comes into direct physical contact with mold.
Neurological Symptoms from Mold Exposure
In more severe cases, mold exposure can result in neurological symptoms. Those side effects may include cognitive issues, balance problems, difficulty walking, migraine, tremors, chronic pain and even anxiety and depression.
Digestive Problems from Mold Exposure
Long-term toxic mold exposure can also cause digestive problems. People can suffer from nausea, vomiting and diarrhea and experience weight loss if they are unable to keep food down and digest it. Often, this is accompanied by other symptoms such as abdominal pain, headaches, fatigue and fever.
Chronic Fatigue from Mold Exposure
When a person is exposed to mold over a long period of time, they can begin to feel chronically fatigued. This is a dangerous side effect that indicates that action needs to be taken and that the individual needs to seek medical treatment. Chronic fatigue can lead to a slew of other problems.
What Elements Are Necessary to Prove a Florida Personal Injury Case Involving Mold Exposure?
In order to have a successful personal injury claim stemming from mold exposure in Florida, the plaintiff must establish that certain elements are in place. They are duty of care, breach of duty, causation and damages. In some situations, notice is the final element.
Understanding Duty of Care
Duty of care means that the defendant owed the plaintiff reasonable behavior to prevent an incident that could cause that person injuries.
Understanding Breach of Duty
If the defendant breaches the duty of care they owed to the plaintiff, it means they failed to take the proper measures to prevent potential injuries.
Understanding Causation
Causation refers to the defendant directly causing the situation in question after breaching the duty of care they owed to the plaintiff.
Understanding Damages
When the defendant breaches the duty of care they owed to the plaintiff and causes a dangerous situation, it results in damages. In this instance, those damages relate to the person’s injuries as a result of being exposed to toxic mold.
Understanding Notice
If the plaintiff suffered injuries from mold exposure in a rental home, they must show proof of notice. This means that they notified their landlord about the mold issue but that the landlord failed to take the proper steps to address it.
How Do Property Damage and Personal Injury Cases Involving Mold in Florida Differ?
In Florida, property damage claims and personal injury cases involving mold have differences. Property damage claims strictly involve damage to property and seek remediation to remove the mold. When a personal injury claim is involved, it has to do with injuries and illnesses the plaintiff has suffered due to exposure to mold.
What Is Mold?
Mold is a fungal growth that can be harmful to one’s health when it is allowed to remain and spread. Mold can be a variety of colors, but it’s usually greenish-white or black. When a person breathes in mold spores, it can cause a variety of physical and health symptoms that can range from mildly uncomfortable to severe.
What Are the Different Types of Mold?
There are different types of mold that can cause illness in a person who has long-term exposure. They are Alternaria, Aspergillus, Cladosporium, Penicillium and Stachybotrys.
Alternaria Mold
Alternaria mold is the most common type that causes allergy symptoms. It commonly grows in damp areas such as bathroom fixtures and windows. People who suffer from allergies can experience worsening symptoms while those with compromised immune systems can become ill.
Aspergillus Mold
Aspergillus is a type of mold that can exacerbate a person’s allergies and asthma. Some types of it are toxic and can produce chemicals that may cause cancer.
Cladosporium Mold
Cladosporium mold is very common and can lead to allergies and asthma. Sometimes, it can also cause fungal infection of the lungs, but this is rare. Most forms of this type of mold are not harmful.
Penicillium Mold
Penicillium mold is the same type that was used to create antibiotics. It’s blue-green in color and can be harmful when its spores travel through the air and get into a person’s home. This type of mold can cause asthma and even worse, inflammation of the heart.
Stachybotrys Mold
Stachybotrys is a toxic black mold that’s closely linked with poor indoor air quality. It develops from an overabundance of moisture and often appears in ventilation systems. Because it’s a dangerous type of mold, it needs to be removed by professionals. It can cause chronic inflammatory response syndrome, a condition that affects various parts of the body, digestive problems, neurological issues, chronic fatigue, pain and other health problems.
What Conditions Are Needed for Mold to Develop and Grow?
Mold doesn’t need much to develop, grow and spread. Its only requirements are moisture, warmth, organic matter, oxygen, time and darkness.
Moisture and Mold
Mold requires moisture to develop. This is why buildings that have problems like leaks or water damage frequently have mold infestation.
Warmth and Mold
Another thing mold needs to grow and spread is warmth. If the temperature is right, it can develop and quickly spread.
Organic Matter and Mold
Mold needs organic matter as a food source so that it can grow and thrive.
Oxygen and Mold
Like all other plants, mold needs oxygen to develop and spread. In other words, an air-tight space wouldn’t suffice for the growth of mold. However, small spaces can help it grow as long as it has oxygen and other elements that help it.
Time and Mold
Mold needs time to be able to develop and grow. When all the conditions are present, it doesn’t take very long for it to appear.
Darkness and Mold
Mold does best in dark spaces. Some of the most common places for it to grow are closets, bathroom crevices, crawlspaces and attics.
What Are the Sources of Toxic Molds?
Molds like Aspergillus and Stachybotrys can be toxic when they produce mycotoxins in some conditions. When a person is exposed to these types of molds, they can suffer serious illness and injury. Certain sources can lead to the development of these toxic molds. They include water-damaged buildings, poorly ventilated areas, HVAC systems, contaminated soil, food sources and improperly stored or dried materials.
Water-Damaged Buildings and Mold
Water-damaged buildings serve as a breeding ground for mold. Water along walls, floors and especially in small, enclosed spaces can cause it to quickly grow and spread.
Poorly Ventilated Areas and Mold
Toxic mold thrives in poorly ventilated areas. As it continues to grow, it can cause serious illness to the occupants of the area.
HVAC Systems and Mold
When mold develops in HVAC systems, it can quickly lead to serious lung problems like asthma and even pneumonia as the occupants breathe in its dangerous spores. HVAC systems are often moist and dark, which further encourages toxic mold to grow.
Contaminated Soil and Mold
Soil can become contaminated when overwatered. This can happen with houseplants and sicken people in their homes.
Food Sources and Mold
Mold needs food sources to thrive. Some of the most common are building materials such as wood. Fabric, wallpaper and upholstery can also nourish mold and cause it to spread.
Improperly Stored or Dried Materials and Mold
Things that are not fully dry and improperly stored can help the development and growth of toxic mold.
What Can You Do if You Have a Mold Problem?
If you have a mold problem in your rental home, there are certain steps you can take. They include documenting everything, testing the mold, giving your landlord written notice, tracking your damages, seeking medical attention and calling the Personal Injury and Accident Law Center.
Why You Should Document
Documenting everything gives you ample evidence to show that you have a mold problem. Include all relevant information through writing and take pictures. After you have taken other steps, you should also include other forms of evidence with your documentation.
Why Test the Mold?
Having your mold tested can show its type and whether it’s toxic. It also allows you to inform your landlord about the specifics of the problem.
The Importance of Giving Written Notice
Your landlord needs written notice of the mold issue. This helps you in two ways: it shows that you took the initiative to inform your landlord so that they can take remediation steps and protects you in the event that they don’t take action.
Why You Should Track Your Damages
Mold can cause a lot of damage to your property. This can include valuable items and your everyday things like clothing. Keeping track of all your damages can help if you have to file a claim against your landlord.
Why You Should See a Medical Professional
Seeing a doctor for a medical evaluation is essential if you’ve been exposed to toxic mold. This allows you to get a diagnosis and treatment so you can begin to heal. It allows gives you valuable evidence in the form of medical records and bills for your personal injury claim.
Why Call the Personal Injury and Accident Law Center?
Calling the Personal Injury and Accident Law Center can help you get legal assistance as you prepare your injury claim. With a professional on your side, you have a better chance of your lawsuit being successful.
Frequently Asked Questions (FAQ)
How Much is a Mold Settlement in Florida?
Depending on the circumstances of the case, the amount of money involved in a Florida mold settlement can vary. It can range from an amount in the tens or hundreds of thousands to more than $1 million.
Is Mold a Code Violation in Florida?
If mold is present in a Florida building and an investigation determines that it’s due to a landlord’s negligence, it can be considered a code violation because of the health risks it poses. Mold infestation should never present health risks to inhabitants.
What Is the Statute of Limitations for Mold in Florida?
In Florida, the statute of limitations for mold is four years. That means a person must file their personal injury claim with the court within four years of the date they became aware of the mold or their injury or illness.
Can I Refuse to Pay Rent if There is Mold in Florida?
Florida tenants have the right to withhold rent in certain circumstances caused by neglect on the part of their landlord. Because toxic mold can put a tenant’s health at serious risk, if the landlord is aware of the situation and fails to take appropriate action to ensure remediation occurs, the tenant has the right to not pay rent.
Mold Lawsuit Settlement Amounts
One mold lawsuit settlement amount came to $32 million for a woman who suffered damages due to bad faith in an insurance case. Another plaintiff recovered more than $2 million after suffering chronic fatigue and pain when water damage led to mold developing in her home.
In another mold case, the plaintiff recovered $500,000 in damages after the fungus aggravated their allergies and asthma. The person’s home value also significantly decreased as a result of the infestation.
Odds of Winning a Mold Injury Legal Case
If a plaintiff is able to prove they have a mold problem, informed their landlord in writing and suffered illness due to mold, their odds of winning are high. If the landlord knew about the issue and neglected to take any action to rectify it, this strengthens the plaintiff’s case.
How Long Does a Mold Lawsuit Take?
Mold cases can be complex, so it might take several weeks for an investigation to take place. Depending on the circumstances, a mold lawsuit can take several months.
