Legal Question in Personal Injury in California

Toxic mold statute

We are preparing to file a toxic-mold complaint against former landlord. Our attorney says we have two years from the discovery of the mold to file a lawsuit. Is this correct or is the statute just one year?

Thanks


Asked on 12/12/05, 10:01 pm

1 Answer from Attorneys

Phillip Cooke Law offices of Phillip A. cooke

Re: Toxic mold statute

You have an attorney who has the facts. If you have questions, you need to talk with your attorney.

Generally speaking there are many different statute of limitations. One that many people don't know about is the duty to file a claim with a public entity within 6 months where the public entity may have been careless and in violation of a statute in California. Some torts (wrongs for which there may be a remedy that are not contractual) have 1 year statutes and some have 2 years. Fraud may even have a longer statute. However, it is always wise to consult an attorney soon after any serious injury or loss as the defense may be building their defense and preserving evidence to help them when some of your evidence may be lost.

Anyone who is seriously damaged and believes the loss was caused by neglect or misconduct of another should consult an attorney as soon as they can, to help preserve evidence. There have been a number of cases where I have seen that an immediate investigation preserved vital evidence to prove a claim that might have been totally defended but for the preserved evidence.

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Answered on 12/23/05, 1:30 pm


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