Legal Question in Real Estate Law in California
Can I sue an apartment complex for my family getting sick from their mold?
2 Answers from Attorneys
Potentially, though you need to consult with a local real estate and/or personal injury attorney to review facts and information that will better determine what your rights are.
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Sure, you can sue the owner(s) and/or manager(s). Winning will require proving the four items in the standard "negligence" tort liability formula: (1) that the defendant(s) owed a duty of care of some kind to your family and you; (2) defendants breached the duty; (3) plaintiffs have been injured or "damaged;" and (4) plaintiff(s)' damage resulted from that breach of duty; Each of the four elements of negligence must be shown in order to recover. There have been quite a few toxic-mold cases in the last decade or so, and a sort of sub-specialty has grown up with certail lawyers and expert witnesses developing a degree of expertise in studying and presenting toxic mold cases, and you should probably try to find one with specialized experience. Also, perhaps needless to say, the insurance industry and apartment owners have developed defense strategies so that these cases are not a slam dunk to win.