Nevada Mold Injury Lawyer

What Is a Mold Injury Claim?

A mold injury claim is a personal injury action that happens when a property owner, landlord, or business owner neglects to remediate mold in a building and their negligence results in health issues for a tenant or visitor.

Like many other personal injury claims, a mold injury claim will typically allege that a defendant was negligent by failing to maintain a safe property or failing to disclose mold issues to victims.

Properties that have mold can create unsafe conditions for tenants and other visitors. These unsafe conditions happen because mold colonies can spread anywhere on a property, typically when there is trapped humidity and inadequate ventilation.

Mold colonies will then spread, releasing spores into the air that can unsuspectingly be breathed in by victims anywhere from weeks to even months without a victim ever being aware.

Health Problems Caused by Mold Exposure

Mold exposure can lead to a myriad of health problems, many of which can be difficult to pinpoint to a specific reason. Some of the more common health problems victims experience include the following:

Respiratory Issues

When breathed in, mold spores will irritate the lining of the nose, throat, and lungs. This can cause victims to suffer from chronic coughing, wheezing, shortness of breath, sinus congestion, and even inflammation in their lung tissue.

Allergic Reactions

Victims might also develop an allergic response to the mold and find themselves suffering from symptoms like constant sneezing, runny nose, watery eyes, skin rashes, and itching.

Long-Term Health Effects

Long term health effects may include chronic respiratory conditions, like persistent asthma or recurring hypersensitivity pneumonitis, which can permanently scar lung tissue. Long term exposure has also been linked to neurological issues, such as memory loss, brain fog, and a weakened immune system.

What Causes Mold Growth in Nevada Properties?

Mold grows in Nevada homes and businesses as the result of common issues property owners face nationwide.

Some of these common issues include:

• Neglected maintenance: Over time, plumbing systems, HVAC systems, and other components of your home will break down, leading to water leaks in places you might not always be able to see. Without regularly maintaining a property, mold can proliferate within a building.
• Water leaks: Over time, the stagnant water from a leak creates an environment for mold to grow on wood boards, drywall, and other areas that are consistently moist for an extended period of time.
• Flooding and water damage: Water damage from flooding poses a similar issue. During the cleanup process, damp or moist areas may be left behind and, when combined with excessive humidity and moisture, mold colonies will begin to grow.
• HVAC and ventilation issues: If there is a disruption to the airflow in your ventilation system, this can lead to mold growth. If your HVAC system has blocked or clogged drain lines, leaky air ducts, or excessive condensation, this can also lead to mold growth in humid spaces, like a crawlspace or an attic.

Who Can Be Held Liable for Mold Injuries?

Mold-related health illnesses can have life-altering consequences, including ongoing health issues and secondary health complications. Due to the complexity of this type of personal injury, several types of entities can be held responsible for the mold injuries you’ve suffered, as outlined by Nevada’s premises liability laws in Chapter 41 of the Nevada Revised Statutes.

Liable individuals can include:

Landlords

Landlords have a duty to maintain safe premises; this includes inspecting their property and addressing any mold issues they find.

Property Owners and Property Managers

Both property owners and property managers can also be personally liable if a tenant or visitor develops a mold-related injury because of spending time on their property.

Businesses, Hotels, and Commercial Property Owners

Liability also extends to commercial entities, like businesses, hotels, and commercial property owners, as they have the same duty as private landlords to maintain a safe environment for their workers and guests.

Contractors and Maintenance Companies

If third-party maintenance companies or contractors serviced a building that had an issue directly related to mold growth, or if their services resulted in mold growth, they can be held liable as well.

How Do You Prove a Mold Injury Case?

Proving a mold injury case is very much like proving any injury case. You need to establish negligence on the hands of who you’ve determined to be the liable party. Negligence means that the defendant had a duty to your safety, that they violated that duty, which caused the events that lead to an injury.

Some of the ways you can prove negligence is by showing evidence of:

• Medical records.
• Mold testing and inspection reports.
• Photos and documentation of the mold.
• Evidence showing notice of the problem, which can include documentation alerting the property owner about the mold.
• Live expert testimony, which can help support your case as well.

What Compensation May Be Available?

Pursuing a mold injury case allows you to recover monetary compensation for your injuries and other expenses. Mold injury victims can recover both economic and non-economic damages.

Here’s a breakdown of what that looks like:

Medical Expenses

Economic damages refer to tangible and calculable losses, including your medical expenses. You’ll be able to recover compensation for any past, current, and ongoing medical care related to your mold exposure.

Lost Income

If you’ve been left unable to work because of your mold exposure illness, you may be able to recover lost wages as well.

Pain and Suffering

Victims can also recover non-economic damages. This is the type of damage designed to compensate you for pain and suffering, emotional distress, and other intangible losses you’ve endured.

How a Nevada Mold Injury Lawyer Can Help

A Nevada mold injury lawyer can help you understand your full rights and legal options if you are the victim of a mold-related illness.

At Adam S. Kutner, Injury Attorneys, our team will be there with you through the legal process, helping to:

• Investigate the source of your mold exposure.
• Identify liable parties in your case.
• Gather evidence, including photos, medical documentation, and official records that help support your case.
• Negotiate with insurance companies to maximize your settlement payout.
• File a lawsuit when necessary and represent you fully in front of a judge or jury if your case goes to trial.

Get the legal representation you deserve when you reach out to the legal team at Adam S. Kunter, Injury Attorneys. Call today to schedule your free case evaluation.

Contact our mold injury attorneys today.

Frequently Asked Questions