Legal Question in Construction Law in California

Toxic mold

Family member was living in federal subsidized home. Problems with the leaking in garage, roof retaining water, and mold growth in bathroom,C/H air, and food pantry.These problems were found by a public health nurse in 1998. Family member lived in the house for about 4 years. Nurse was seeing her and new born for about 2 years. The mold problem hept coming back. Owner treated with clorox and paint (treated). Housing program failed the house several times for mold problem. The mold was also noticeable on roof outside the house. Family members began to experience allergic reactions but didn't know it was from the mold.Ongoing battle started with landlord. Member tried to seek new home but was being denied to landlords comments. By that time, the baby began to experience 103 fevers,respiratory problems, and severe eczema. Found out through tests the baby was hypersensitive to foods and environmental elements (molds). Lost everything and court case. The judge (small claims) judge for me to pay back rent. But he never seened evidence.Left house in 2001 and haven't been able to seek counsel to sue. Need assistance in matter before statues run out. The baby is still suffering from his conditions. Please help.


Asked on 8/15/02, 5:39 am

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Toxic mold

Your situation is extremely complex, especially if you've already lost a court case, although it's sometimes possible to avoid res judicata on a small claims judgment. (Res judicata basically means that the case has already been heard and won't be heard again.)

Mold is a special problem requiring a lot of expert testimony and evaluation. There are attorneys that will take these cases on a contingency basis. (I've handled few of these cases, but I won't do them on contingency.) I'm sorry that I can't help you other than to tell you that you really need to gather together all of your documents and research on the internet until you find a lawyer close to you that has handled a few of these mold cases. It's also possible that your county bar association can make a referral to a qualified lawyer. Make an appointment, be as organized as possible and present your case to the lawyer. Best of luck.

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Answered on 8/15/02, 2:20 pm


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