Brooklyn, NY asked in Landlord - Tenant and Personal Injury for New York

Q: Have mold growing in areas of every room in the house and landlord hasn't done anything.

It's growing on my personal belongings and my daughter had a toy in her mouth that mold grew on.

2 Lawyer Answers

A: You may need to consider consulting with two separate attorneys here, one for your landlord-tenant rights and one for the personal injury rights. As for the injury-based aspects, you could reach out to firms that handle mold - toxic exposure type cases. These cases can be more difficult than ordinary physical injury matters such as motor vehicle cases. They could depend on the particular setting, health impact, and findings of an expert - that's why it isn't easy to give more detailed insight. The settings can be fact-specific. There are law firms that hold themselves out as specializing in these types of cases. I hope your daughter is okay. Good luck

A: Sorry to hear what you're been going through. As my colleague correctly advised, you should certainly speak with a landlord tenant attorney regarding the mold in your apartment. You can find one using the Find a Lawyer tab on the JUSTIA homepage. As for personal injuries, in 2014, New York's highest court ruled that there was no scientific connection between mold and respiratory illnesses. Which is why there's virtually no mold-related litigation in New York. Here's a copy of the decision if you're interested in reading it. https://law.justia.com/cases/new-york/court-of-appeals/2014/16-1.html

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.