Can I Sue if I Find Mold in My Apartment?

Mold is one of the most common types of fungus, and nearly all homes throughout the United States have a small amount of mold within them. While a little mold is normal and harmless, too much mold, and certain types of mold, can be dangerous for human health.

While searching for an apartment in Columbia or surrounding areas, determining if mold is present may not be something that crosses your mind. If mold does exist, however, it could pose certain risks. Here’s what you need to know about the dangers of mold, and what your rights are if mold causes you harm.

The Dangers of Mold

Growing wherever there is moisture, therefore especially common in bathrooms and kitchens, mold can have a variety of effects on health. As reported by the U.S. Centers for Disease Control and Prevention (CDC), some people are more sensitive to mold than are others. For those with mold sensitivities or certain health conditions, exposure to mold may result in:

  • Serious lung infections;
  • Skin irritation;
  • Eye irritation; and
  • Wheezing.

Even in people who do not have mold allergies or mold sensitivities, however, research indicates that exposure to mold can cause upper respiratory tract infections, shortness of breath, and the potential development of asthma.

There are also a handful of more serious illnesses that have been linked to mold exposure, but this link has not yet been proven. These conditions include memory loss, lethargy, and acute idiopathic pulmonary hemorrhage in babies.

Who Is Responsible for Mold Removal?

Controlling mold in the home is relatively easy – you should make sure areas of moisture are well ventilated, fix leaks when they occur, and control humidity levels. However, not all mold can be seen with the naked eye; in some cases, mold may exist under carpet or beneath flooring or walls, making it very difficult to detect and remove without professional intervention.

If you are renting an apartment in South Carolina, it is important that you know that your landlord has a legal duty to ensure that the apartment is free from any health or safety hazards, and is fit to be lived in. Not only does this mean that the landlord is responsible for all mold removal before you move in, but that the landlord is also responsible for correcting leaks or any other structural problems should they occur. It is your responsibility to report these issues to your landlord immediately. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this.

Can I File a Lawsuit?

If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. It is important that the contact is in writing for documentation purposes. Your landlord has a duty to address the issue within a reasonable amount of time, however, remember that the landlord is responsible for structural defects (i.e. a leak, mold underneath carpet from before you moved in, etc.) and not cleaning up new problems – cleaning is generally the tenant’s responsibility.

If your health suffers as a result of exposure to mold, you should seek medical care and document all care received as proof. You should also photograph the mold in the apartment, and keep documentation of any contact you have with your landlord.

Most landlord-tenant disputes, including those involving the presence of mold, are handled out of court. If your landlord refuses to take action, or if your health has declined significantly, filing a lawsuit against the landlord may be the only avenue to resolving the issue. Typically, lawsuits such as these are filed in small claims court. Keep in mind that even if you have not suffered any injuries, your landlord is still responsible for ensuring that the apartment is habitable, and must remove mold as such.

How Our Columbia Personal Injury Lawyers Can Help

If you notice mold in your apartment, contact your landlord immediately. If the problem goes unresolved, our Columbia personal injury lawyers at the offices of the Peake & Fowler Law Firm, P.A. can help you to understand what to do next. We can advise you regarding bringing forth a lawsuit against your landlord, as well as how to demand repairs/mold removal from your landlord and other potential steps to take. To learn more, contact our law offices today online or by phone at (803) 788-4370.

Who Is Responsible for My Workplace Injury?

Being injured on the job is an all-too-familiar experience for many of South Carolina’s workers. To be sure, in a single year, there were more than 35,000 non-fatal workplace injuries reported in the state, with an incidence rate of 2.9 per 100 full time workers. These numbers do not include the number of fatal workplace incidents. Being injured on the job is not only scary and shocking, leaving a worker with pain and potential disability, but it can also open the door to a number of questions, too. A hurt work may wonder who is responsible for their workplace injury, how they will pay for damages, and whether or not they have a cause of action for damages against their employer.

At the law offices of Peake & Fowler, our workers’ compensation attorneys can provide you with answers to these questions, and any others that surface during the recovery process.

Workers’ Compensation: A No-Fault System

The majority of workers who are injured on the job in South Carolina will benefit from workers’ compensation insurance. Rather than a traditional tort liability system–where an injured person recovers damages by virtue of proving fault and holding the at-fault party liable for harm–workers’ compensation is a no-fault system. This means that workers neither have to prove fault in order to be compensated for medical expenses, lost wages, and disability, nor prove that their own actions were not the cause of the injury. In exchange for no-fault benefits, workers are barred from filing personal injury lawsuits in civil court against their employers; employers are protected from liability.

Who Gets Workers’ Compensation Benefits?

Workers’ compensation benefits are available to the majority of workers’ in South Carolina, with exceptions for few industries (agriculture, railroad, etc.) and very small businesses. Otherwise, in order to recover workers’ compensation benefits, a worker need only prove that their injury occurred while on the job or while performing a work-related task. Then, they are able to recover compensation for lost wages at a rate of 66 ⅔ percent their average weekly wage, all necessary and reasonable medical expenses, and disability benefits.

Filing a Lawsuit Against Your Employer

As stated above, workers’ compensation in South Carolina is a no-fault insurance program under which employers are immune from liability, which means that injured employees cannot file a lawsuit directly against their employers. However, in some cases, the right to file suit may be preserved if the employee’s injury was the direct result of an employer’s intentional conduct. For example, an employee may be able to bring forth a suit against an employer if the injuries were caused by an act of employer assault and battery.

Filing a Third Party Liability Suit for Damages

In some cases, a third party other than your employer may be to blame for a workplace accident. For example, consider the following situations, where a third party is clearly at least partially at fault:

  • An injured worker is caught in-between a piece of machinery. Later, it is discovered that the accident occurred because an emergency shut-off function of the machine was defective as a result of manufacturer error.
  • A delivery driver is involved in a car accident. Rather than filing a claim for workers’ compensation despite the fact that the accident occurred while the worker was on the job, the employee files a personal injury lawsuit against the other driver involved in the crash, who was drunk at the time of collision.
  • A worker who is tasked with moving hazardous materials on a daily basis is involved in an explosion. An investigation reveals that the explosion occurred because the hazardous materials were improperly packaged and labeled, and did not contain a warning label explaining the danger of particular storage scenarios, contributing to the explosion.

In a third party liability claim, the injured worker is tasked with proving that their accident and injuries would not have occurred but for the negligent actions of the defendant. In some cases, it is possible to pursue both a workers’ compensation claim and a third party liability claim.

Contact Our Experienced Workers’ Compensation Attorneys in South Carolina Today

If you are involved in a workplace accident, getting the compensation that you deserve is incredibly important. At the law offices of Peake & Fowler, our South Carolina attorneys have years’ worth of experience handling both workers’ compensation and third party liability claims. We will review your case for free, and provide you with the information and advice you’re looking for. When you hire our law firm, we offer aggressive representation that seeks to get you your full recovery amount. To learn more or to schedule a free consultation please contact us online or by phone today.