Re: Need advice and/or experience about suing landlord for illness induced by mold e

[Guest guest]

Karrolyn

When I testified at the NYState Mold Task Force this week, there was a

lawyer there, frustrated by courts refusal to help. He said as long as

the NYC remediation guidelines, and NIOSh and ... you name it.... have

only " suggestions " and " guidelines " people like you are not going to get

very far. Call your health department for sure. Get your phone calls

documented. Perhaps this mans law firm can advise you Northern

manhattan Imporvement Corp 212 822 8309.

Karrolyn wrote: Need advice and/or experience about suing landlord

for illness induced

>

> by mold exposure, please.

> I moved into my apt (basement) 3 years ago which has flooded over 11

> times, mostly w sewage, which I cleaned up. Became ill within 6 mos,

> with head to toe skin leisons-treated for 6 mos with no diagnosis or

> improvement by GP. Referred to Derm, who diagnosed dermatitis

> (prurigio nodalaris) secondary to Graves Disease (which I also

> contracted after living in this apt was first told this " rash " was

> secondary to the Graves Disease,and once that was under control the

> rash would go away.

> After a year of derm and endo treatment, my Graves Disease is clear,

> but this rash, my endo has decided is not related to Graves Disease.

> This yr at 39 yrs of age, I have begun experiencing seizures, which

> may or may not have anything to do w the mold but

> I have had my apt tested for mold (awaiting written results), but

> was told the level were high (75 being normal, but my apt 500) and the

> moisture content of the walls was 30% vs 10% that is normal for a

> basement setting. This was 9 days after the last flood and my LL's

> bucket, towel wipe down, and bleach mop up of 150 gallons my basement

> was flooded w. Landlord has never had apt professionally cleaned and

> refuses to supply dehumidiifer.

> I am all set up to get testing but I have two questions?

> 1) Has anyone else been through this process, can you suggest any

> doctors/lawyers?

> 2}Any idea as to the success rate of this type of litigation

> Everything I read on the net seems outdated, and as if there has been

> some " unofficial " decision that toxic mold is no longer consider a

> real health hazard.

> Any advice, comments appreciated

>

[Guest guest]

Do you want to move? I hope so even if you are very ill. I moved 6

weeks after sinus surgery, but it was very difficult. I think it is

different in what state you are in. I tried to sue, but I didn't do

it til the statue of limitations were just about over which is

usually 2 years. I had a lawyer lined up, but the day of signing

which was about the two year limitation, the lawyer told me he

wasn't taking case because he knew the landlord. He is very powerful

landlord in my state, so he filed the papers but I was left on my own

to handle the case. Meanwhile the doctor (Dr. Johanning) who is

supposed to be the best-- at least at the time resigned right after I

went to see him after a 8 month wait so I had a lot against me. I

handled the case for a year, but it is very difficult and time

consuming. This was in 1999. I almost had a NY lawyer jump on the

case, but the judge would not give me enough time to get a local

lawyer. Back then lawyers didn't know much about mold. I have had

several moldy apartments. In one place I withheld the rent-- this was

the third place while I was working on sueing the first two

landlords. Don't withhold the rent unless you put it is escrow. That

was my mistake and we remodeled the place, and the landlord said we

never had an agreement. So that is another thing never do anything

with out everything in writing. Never sign a release, another mistake

in one rental. So we withheld the rent in third place and we were in

court for a year and eventually lost, and they took my car which was

paid off. After that we called the county and they were ready to

condemn the place, but a roofer came and was working on the place

and we moved before the roofer started. So they will condemn the

place if it is as bad as you say in some states, but you would have

to have a place to go right away but at least you would have some

satificaton that the creep had to put some money into the place and

make it safe for others. I lost my car even though this guys lawyer

went to jail for embezzling money from people, and that is why we

didn't sign anything cuz he seemed like something wasn't right at the

signing. So at least learn from my mistakes, don't sign a release,

only withhold rent if put in escrow, always have anything in writing

if you fix, remodel, etc. and make sure you file a lawsuit way before

the statue of limitations and have a lawyer on board. Take pictures,

samples, or have a lawyer do it, you will most likely have to throw

out most of your stuff like clothing, couches, matresses, papers,

etc. and really clean what is safe to keep. Insurance usually doesn't

cover any material posessions. So the first thing I would do is start

looking for a new place, look for a lawyer, call the county (they did

the most for me), also call the health department, and start

documenting everything. It is a very time consuming and exhausting

thing to sue someone and I know you sound very ill. My husband

actually had a major seizure right in the lawyers office while living

in the third moldy rental and he was rushed to the hospital, so

seizures can be related. But to this day I have never received a dime

and if you can believe it I had water damage in the place I am in

right now. Not much I can do at the moment because my husband lost

his job and the landlord is letting us pay a little each week trying

to catch up. We owe quite a lot so I am at a loss what to do myself.

I am afraid what will happen when the weather heats up. So far I

can't detect any mold odor but I have chemical sensitivities and

fungal disease so who knows. Unfortunately this is a very horrible

illness and people can be ruthless. I hope I have not made you more

upset but you must know what you are in for. God bless you,

[Guest guest]

--

Sounds like you need to get out of the basement. We have consulted

with 5 different lawyers. Its difficult to find someone who can

represent us,especially on a full contingency basis because we can't

afford it otherwise. I have been told to find a lawfirm that deals

with toxic tort cases. This has not been easy and at times I thinnk

about just giving up and considering our tens of thousands of dollars

we have spent on this nightmare a loss. Try and find a law refferal

service in your area-that may help-good luck, LL

- In , " Karrolyn " <tle2tell@...> wrote:

>

> Need advice and/or experience about suing landlord for illness

induced

> by mold exposure, please.

>