Mold has been described as the new lead paint: it seems to exist nearly everywhere buildings exist. According to the Centers for Disease Control and Prevention, exposure to mold can cause breathing problems, particularly in children and people with compromised respiratory systems. As a 40-year veteran personal injury attorney, Harold I. Resnic understands how changing case law and scientific studies related to mold claims can impact his clients. He stays on top of developments in science and the law to offer clients knowledgeable representation for these claims.
Mold comes in many varieties, and some are more harmful than others. It thrives in warm, damp places, particularly basements and attics. Poor ventilation and high humidity encourage its growth. Properties that suffer a water leak, condensation or other liquid incursion can rapidly develop a dangerous mold outbreak, especially if mold-friendly conditions already exist. Mold is extremely difficult to remove, because the spores become airborne and can then be inhaled.
Sometimes mold is caused by shoddy workmanship during construction or while repairing or renovating a property. Its growth can also result from a defective heating, ventilating and air-conditioning (HVAC) system or its improper installation. In those instances, the negligent person or company may be held accountable for any injuries or damage that result from defective home construction. In rental situations, the landlord or condominium association may be held accountable. Massachusetts does not require landlords to disclose high concentrations of mold in rental properties.
Unfortunately, most homeowners’ and renters’ insurance policies don’t cover mold injury or property damage claims, so your only recourse is to file a personal injury or property damage lawsuit. For injury claims, you must file suit within three years of discovering the mold to have a chance at recovering medical expenses and lost wages.
To prevail, you must prove the presence of mold and that the specific type of mold found caused you injury. Then you must identify the person or company responsible for creating the mold situation. This is not as simple as demonstrating that someone hit you and broke your arm. Mold toxicity symptoms can be subtle and often are diagnosed as other medical problems. Unlike lead or radon gas, there are no federal or state guidelines for “acceptable” exposure levels for mold. Without a benchmark for asserting a harmful exposure, you need an experienced personal injury attorney who understands the scientific complexities of mold to provide your case the greatest chance of success. Our firm often collaborates with toxicology, pulmonary and air quality experts to build the strongest possible case.
The Law Offices of Harold I. Resnic has fought for the rights of injury victims for more than 40 years and is at the forefront of recent mold litigation. Schedule a free initial consultation by calling 413-301-9124 or contacting us online. Our Springfield, MA law office is near Hampden Superior Court and the Mass Mutual Center. We meet with clients Monday through Friday, 9 a.m. to 5 p.m. There is an on-site parking garage, and we are easily reached by public transportation.
"I was rendered totally disabled because of a car accident while my car was parked. The other driver’s insurance company has admitted that its insured was at fault but has refused to offer a fair settlement. Attorney Resnic has been aggressive in suing the insurance company for bad faith handling of my claim and is seeking three times my damages plus attorneys’ fees and costs. If you want an attorney that will fight for you, this is the guy. " - TD
"Attorney Harold Resnic is extremely professional, knowledgeable, and well-respected. He settled my Workers’ Compensation case for $350,000 when the employer disputed the fact that I even had an accident. He is now suing the people responsible for my injuries so that I can collect damages for my pain and Suffering." - LD
"I was seriously hurt in a fall on snow and ice in my employer’s parking lot. Attorney Resnic got me a generous settlement for the Workers’ Compensation claim and for my claim against the building owner and maintenance company for pain and suffering. I highly recommend Attorney Harold Resnic." - DG