If you suffered injuries and harm due to toxic mold exposure in a rented unit, you may be able to recover damages from your landlord. Continue reading for more information and consult with a knowledgeable New Jersey premises liability lawyer today.
What is Toxic Mold?
Toxic mold refers to certain types of mold, such as Stachybotrys chartarum (often called black mold), that produce hazardous substances called mycotoxins. These molds thrive in damp, moist, and humid conditions, commonly forming on materials like drywall, wood, and insulation after water damage, leaks, or persistent humidity.
Exposure to toxic mold and its mycotoxins poses significant health risks. For sensitive individuals, it can trigger severe allergic reactions, asthma attacks, headaches, and respiratory issues. Prolonged or heavy exposure may lead to more serious, systemic problems, including chronic fatigue and immune system suppression, and some research suggests neurological issues. This means prevention and prompt action are crucial for occupant safety.
Can I Recover Damages from My Landlord for Injuries Caused by Toxic Mold in NJ?
You can recover damages from your landlord for injuries caused by toxic mold if you can prove their liability. This generally relies on demonstrating their negligence. You must establish that the landlord knew or should have known about the mold condition and failed to fix the issue within a reasonable time, meaning they breached their duty of care owed to you as a tenant.
Proving this link between the landlord’s failure to act and the resulting mold exposure and illness is necessary for a successful claim. Note that the landlord did not have to cause the mold to be held liable, though it can bolster your claim if they were responsible due to unaddressed water issues like leaks or excessive moisture. They are generally liable simply if they knew or should have known about the mold and failed to rectify it in a timely manner.
If negligence is proven, a tenant may recover several types of damages to compensate for their losses. Economic damages cover quantifiable financial losses, including past and future medical expenses, lost wages or loss of earning capacity if the illness prevents work, and the cost of replacing personal property damaged by the mold. Non-economic damages address intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life resulting from the mold exposure and resulting health issues. In rare cases where a landlord’s conduct is particularly egregious or reckless, punitive damages may also be awarded to punish the landlord and deter similar future actions.
What’s the Statute of Limitations to File a Claim?
In New Jersey, personal injury claims against a landlord for toxic mold exposure are generally subject to a two-year statute of limitations from the date the injury occurred or was discovered. This means you typically have two years from the point you knew, or should have known, that the mold caused your injury to file a lawsuit. Missing this deadline can permanently bar your claim, so work with a skilled attorney to protect your legal rights and options.