Most people never think about being exposed to mold or other toxins until the exposure actually occurs and causes an illness. At the Law Offices of John B. Richards, our team is standing by to help if you need a Santa Barbara mold and toxic exposure attorney. We know that exposure can lead to significant long-term health consequences, and we want to help victims recover compensation from at-fault parties. We have the resources necessary to fully investigate these claims and help our clients recover the compensation they need.
Some of the most common exposure lawsuits in Santa Barbara and the surrounding areas come from:
Liability in these situations can fall onto many different parties, which is why these incidents require extensive investigation on the part of our attorneys. Some of the parties that could hold liability for mold or toxic exposure include the following:
One of the most common issues that the mold and toxic exposure attorneys at the Law Offices of John B. Richards handle for our clients is toxic mold exposure by people who rent their homes. Attorney Richards has become known as a leading mold case attorney throughout Central and Southern California for his representation and advice for tenants in situations where landlords do not properly address the issue of mold, which can lead to serious health issues. Landlords refusing to correct mold problems in the units that they oversee is not acceptable under any circumstances.
Landlords in the state of California have a duty to their tenants, even if it is not spelled out in a lease agreement, to keep the units under their care in conditions that a reasonable person would consider being safe for habitation. California law recognizes that toxic mold in a rental unit can be detrimental to the health of the unit’s occupants, and when this happens, the landlord has violated what is known as an implied warranty of habitability.
An implied warranty of habitability is the concept that the home/apartment you rent is habitable and that living in the unit will not cause you to become sick. Any rental unit must be fit to be inhabited and stay that way as long as your lease is in force. Moreover, your landlord must, under California law, provide a written disclosure if the landlord is aware of the presence of an excessive amount of mold in a rental unit that exceeds the limits for safe exposure, and you must sign the written disclosure prior to moving in.
In 2016, California passed a law requiring landlords to provide mold remediation for mold found in rental homes. And while tenants have a responsibility to prevent mold when possible by doing things like keeping sinks and tubs from overflowing reporting any leaks that might cause mold, the onus is generally on the landlord for mold prevention and remediation.
After discovering mold in your rental unit, you must notify the landlord of the issue immediately. California code allows a landlord 30 days to respond to the report and provide mold remediation. Action may be taken against any landlord who fails to address and correct the mold issue within that timeframe. Actions may include:
Any claim against the landlord must show that damages were caused by the failure of the landlord to maintain the unit in habitable condition. This might be proven as property damage and/or the development of mold-related illnesses. These may include asthma and lung issues; irritation of the throat, skin, or eyes; and upper respiratory problem. Usually, damages for mold-related illness may include medical costs (including previous and future costs of care), lost income, and other financial losses that result.
If you or a loved one have been exposed to mold or another type of toxin in or around the Santa Barbara area, reach out to the team at the Law Offices of John B. Richards as soon as possible. We have extensive experience handling complex injury and illness cases, and we have the resources necessary to help you secure the compensation you need. This can include coverage of your medical bills, lost wages, pain and suffering damages, and more. When you need a Santa Barbara mold and toxic exposure attorney, you can contact us for a free consultation of your case by clicking here or calling 805-683-2736.