Mold illness often develops slowly, and many tenants do not connect their symptoms to their home until months or years have passed. Maryland law sets deadlines for filing suit, and those deadlines can expire while a tenant is still trying to understand what happened. Knowing how the clock works can protect your claim.
Under Courts and Judicial Proceedings Article Section 5-101 of the Maryland Code, most civil actions, including personal injury claims, must be filed within three years from the date the claim accrues. Claims against government bodies, such as public housing authorities, can carry additional notice requirements with shorter deadlines, so tenants in public housing should act especially quickly.
Maryland applies a discovery rule that can affect when the three years begin. In Poffenberger v. Risser, 290 Md. 631 (1981), the Court of Appeals held that a claim accrues when the plaintiff knew or reasonably should have known of the wrong. In Georgia-Pacific Corp. v. Benjamin, 394 Md. 59 (2006), the Court explained that notice sufficient to prompt a reasonable person to investigate can start the clock, if a diligent investigation would have revealed the injury and its cause.
The discovery rule turns on the facts of each case, and courts decide those questions one case at a time. A tenant who suspected mold, saw a doctor for breathing problems, and complained to the landlord may find that the clock started earlier than expected. Evidence also fades. Landlords repaint, remediate, and replace materials, and the physical proof of the problem can disappear.
Write down when you first noticed water, odors, or mold, and when your symptoms began. Gather your lease, your written complaints, the landlord's responses, photographs, and medical records. Avoid signing any release or settlement until you understand what it gives up.
To discuss a Maryland mold injury claim, e-mail chris@attorneybeard.com or call (410) 267-0227.
