Annapolis Attorney

Hire a Top Maryland Lawyer

When and How To Hire a Maryland Toxic Mold Attorney

Written by
admin
23th October, 2024

Mold is a fungus that thrives in damp and poorly ventilated environments. It’s a common household nuisance, but did you know some could threaten your property and even your health? If you’re facing mold issues and suspect they might be of the toxic variety, read on. Our guide will help you tell when and how you should take legal action with mold problems.

You’ll also learn:  

  • What types of mold are considered toxic and how they can affect your health.
  • Key Maryland laws related to mold and your legal rights.
  • When it’s time to consult a mold attorney to protect your health and property.
  • How to build a strong case with the right documentation and expert opinions.
  • Steps to find the right mold attorney for your specific situation.

Let’s get started by explaining what qualifies as toxic mold. 

What Is Toxic Mold?

Most molds are harmless, but certain types produce toxic substances known as mycotoxins. These mycotoxins can become airborne and, when inhaled or touched, can trigger a range of health problems, from respiratory issues and allergies to neurological complications. 

This is why we call it "toxic mold."

In Maryland, the presence of toxic mold can lead to legal action, especially when it results from negligence or a failure to address known issues. 

For instance, if a landlord fails to repair a leaky roof that leads to mold growth, tenants may have grounds for a lawsuit. Similarly, if a construction company uses defective materials that promote mold growth, it could be held liable for any resulting health problems.

Mold and the Law in Maryland

Maryland law offers some protections against toxic mold exposure. The state's Real Property Article § 8-211 allows tenants to withhold rent if landlords fail to address serious health hazards, including mold infestations. 

Additionally, court rulings like Davis v. Goodman have established that landlords must maintain habitable living conditions, which includes addressing mold problems.

In any legal case involving toxic mold, it's crucial to have a solid grasp of the science behind mold growth and its health effects. An experienced Maryland mold attorney can help you navigate these complexities, identifying and engaging experts who can provide testimony.

Types of Toxic Mold to Be Aware Of

Some types of mold are relatively harmless, while others can pose serious health risks. Let's take a closer look at a few common types of toxic mold:

  • Stachybotrys chartarum (black mold): This notorious mold is often recognized by its dark, greenish-black appearance. It produces mycotoxins that can cause a range of health issues, including respiratory problems and even immune system suppression.
  • Aspergillus: Some species of Aspergillus are used in gastronomy, and others can be quite dangerous. This mold can produce aflatoxins, which are carcinogens. Exposure to it can lead to respiratory infections, especially in those with weakened immune systems.
  • Penicillium: You might recognize this mold for its role in the production of penicillin, the first antibiotic. However, certain species of Penicillium can trigger allergic reactions and respiratory problems.
  • Cladosporium: This is one of the most common indoor molds, and while it's generally not as toxic as the others mentioned, it can still cause problems for people with allergies or respiratory sensitivities.

Health Impacts of Mold Exposure

Exposure to toxic mold can lead to a range of health problems, from relatively mild symptoms like itchy eyes and skin irritation to more serious issues like respiratory infections and neurological complications. 

The severity of the effects can vary depending on the type of mold, the extent of exposure, and individual sensitivities. It's important to remember that even dead mold can still cause allergic reactions, so simply killing the mold isn't enough — it needs to be removed completely.

EPA Guidelines for Mold in Schools and Buildings

The U.S. Environmental Protection Agency (EPA) offers detailed guidance on managing mold in buildings. The key takeaway is that moisture control is paramount. Mold needs moisture to grow, so keeping your home or workplace dry is the best way to prevent mold problems.

Here are a few key recommendations from the EPA:

  • Control moisture: Regularly inspect your property for signs of leaks, condensation, or dampness. If you find any moisture issues, address them promptly.
  • Control humidity: Aim for indoor relative humidity levels between 30% and 50%. You can use dehumidifiers or air conditioners to help regulate humidity.
  • Ensure proper ventilation: Make sure areas prone to moisture, like bathrooms and kitchens, are well-ventilated. Exhaust fans should vent directly to the outside.

Remember: If you believe your health has been affected by mold exposure, don't hesitate to reach out to a mold lawyer who can help you understand your legal options.

When Should You Hire a Mold Attorney?

Knowing when to seek legal counsel can be crucial in mold-related cases. Here are some scenarios where consulting a mold attorney is highly recommended:

Scenario 1: Health Issues Linked to Mold Exposure

If you or your loved ones experience persistent health problems — like respiratory issues, allergies, or neurological symptoms — that you suspect are linked to mold exposure, it's time to consult a mold attorney. 

They can help you gather medical evidence, establish a connection between your health issues and the mold, and pursue compensation for your damages.

Scenario 2: Property Damage and Landlord Negligence

If you believe the mold resulted from landlord negligence — such as failure to repair leaks or address known moisture problems — a mold attorney can help you hold them accountable. 

They can assist in documenting the damage, negotiating with your landlord or their insurance company, and pursuing legal action if necessary.

Scenario 3: Workplace Mold Exposure

Mold in the workplace can pose a serious threat to employees' health. If you suspect mold exposure at your job is causing health problems, a mold attorney can help you understand your rights and options

They can lend a hand in filing a workers' compensation claim or pursuing legal action against your employer if they fail to provide a safe working environment.

Time-Sensitive Considerations

It's important to act quickly when dealing with mold-related legal issues. Maryland has statutes of limitations that set deadlines for filing lawsuits. A mold attorney can help you understand these deadlines and ensure your claim is filed within the required timeframe.

How To Identify the Right Toxic Mold Attorney

With so many attorneys out there, how do you find the one best suited for your needs? Here are a few key qualifications to look for:

Experience in Mold-Related Cases

Mold cases often involve complex legal and scientific issues. It's essential to find an attorney with specific experience handling mold litigation. They should be familiar with the relevant laws, regulations, and scientific evidence related to mold exposure and its health effects.

Expertise in Personal Injury and Property Damage

Mold cases often intersect with personal injury and property damage law. Your attorney should have a strong track record in these areas to effectively advocate for your rights and pursue compensation for your losses.

Knowledge of Maryland Environmental and Housing Laws

Maryland has specific environmental and housing laws that may come into play in mold cases. Your attorney should be well-versed in these laws to build a strong case on your behalf.

Strong Communication and Advocacy Skills

Your attorney should be an effective communicator who can explain complex legal concepts in plain language. They should also be a strong advocate who is willing to fight for your rights and interests.

Key Questions to Ask During Your Consultation

When interviewing potential mold attorneys, be sure to ask these important questions:

  • How much experience do you have handling mold cases?
  • What is your success rate in similar cases?
  • How will you approach my case?
  • What are the potential challenges in my case?
  • How will you keep me informed about the progress of my case?
  • What are your fees and billing practices?

Remember, choosing a mold attorney is a personal decision. Take the time to find someone you feel comfortable with and confident in. 

How to Prove You Have a Toxic Mold Case

Building a strong toxic mold case requires meticulous evidence gathering, but that’s not all. Let's dive into the key steps involved:

Medical Documentation of Mold-Related Illnesses

If you're experiencing health problems due to mold exposure, it's crucial to seek medical attention and keep thorough records. This information includes:

  • Doctor's visits and diagnoses: Document all appointments, diagnoses, and treatment plans related to your mold-induced health issues.
  • Medical tests and results: Have copies of any tests performed to identify mold allergies or sensitivities, as well as any other relevant medical tests.
  • Medication and treatment receipts: Keep records of any expenses incurred for medications, therapies, or other treatments related to your mold-related health problems.

Evidence of Property Damage

Thoroughly document the extent of mold damage in your home or workplace. You’ll want to include:

  • Photographs and videos: Capture clear images and videos of the mold growth, its location, and the surrounding areas.
  • Mold inspection reports: Hire a qualified mold inspector to assess the situation and provide a detailed report.
  • Repair estimates and receipts: Gather estimates and receipts for any repairs or remediation efforts undertaken to address the mold problem.

Expert Opinions

Enlist the help of experts to strengthen your case. You can consult with:

  • Mold inspectors: A mold inspector can identify the type of mold present, assess the extent of contamination, and provide expert testimony.
  • Medical professionals: Doctors, allergists, or other medical experts can provide testimony linking your health problems to mold exposure.
  • Industrial hygienists: If mold exposure happens in the workplace, an industrial hygienist can assess the work environment and identify potential hazards.

Complaints and Notifications

If the mold problem stems from landlord negligence or workplace safety issues, document all complaints and notifications made to the relevant parties. This documentation encompasses:

  • Written complaints to your landlord: Keep copies of any letters, emails, or other communications sent to your landlord regarding the mold issue.
  • Workplace safety complaints: If you reported the mold problem to your employer or OSHA, keep records of these complaints.
  • Complaints to local housing authorities: If applicable, document any complaints filed with local housing authorities regarding the mold issue.

Building a strong toxic mold case requires careful documentation and expert guidance. The right mold attorney will help you gather the necessary evidence and navigate the legal side of your claim. 

Choose Christopher L. Beard for Your Toxic Mold Case

Mr. Beard is one of Maryland’s leading mold attorneys in toxic mold-related cases. His expertise in handling complex mold exposure claims comes from a deep knowledge of both the legal and scientific aspects these cases often involve.

What distinguishes Chris from other attorneys in Maryland is his meticulous approach to building a compelling case. He collaborates closely with experts to examine the mold's origin thoroughly, assess property damage, and evaluate the health effects on his clients.

If you're looking for mold lawyers near you in Annapolis, Maryland, Christopher L. Beard is the advocate you need to navigate your case toward a successful outcome. Reach out to him today to schedule a free consultation, or call (443) 569-3950 to learn how he can assist you.