Plano, TX asked in Personal Injury for Texas

Q: I have a question about the possibility of suing my apartment for negligence regarding mold poisoning.

My toilet leaked in June of 2021. I asked the maintenance staff to remediate the problem on 6/28 and nobody came. I asked again on 7/5, reiterating that water was leaking INTO the wall and that mold was beginning to form on the baseboards around the toilet. 9 days later, on 7/14, they finally fixed the toilet but did little else to clean the mold. In a final request on 11/8, after a couple months of poor health, I postulated that “mold had gotten underneath the baseboards along the wall by the toilet”, and asked it to be “fully cleaned and replaced as well as painted”, stating, “I’m worried that this mold poses a risk to my health.” On 11/10 they wiped down and cleaned only the outside of the baseboards, despite my very specific request. Last week, my apartment tested positive for toxic molds specifically related to water damage, with one strain at 100x the normal level. Mold was then found by the maintenance man and I behind the baseboards by the toilet. Do I have a case to sue?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: A Texas attorney could advise best, but your question remains open for a week. However, it could be difficult for an attorney ANYWHERE to answer your question. In general, mold cases can be difficult and many law firms are reluctant to take them on. It's more difficult to correlate damages than in motor vehicle cases where injuries are more clearly apparent in being tied to an accident. You could reach out to personal injury firms. It would be helpful if you have medical records that support your position. Good luck

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