Appeals Court Clears The Way For Mold Exposure Lawsuits

In New York City it is now easier than ever for people to file lawsuits based on claims that they developed illnesses from being exposed to mold. A New York appeals court cleared the way for more filing of lawsuits against mold exposure.

When people are exposed to mold they can suffer from dizziness, congestion, rashes and other dangerous symptoms such as respiratory complications.

The court is now allowing plaintiffs to use scientific evidence that mold caused them injuries.

Mold can find its way into indoor environments through cracks in floors, damp areas and up dumbwaiter shafts. There is no such thing as acceptable indoor level of mold.

If a plaintiff presents proof that exposure to molds has occurred, they can use it as evidence. This was not always possible in the courtroom because of a case called Fraser dismissed a plaintiff’s claims for personal injuries caused by mold exposure.

But since Cornell V. 360 W. 51st street plaintiff provided evidence that her illnesses were resolved after the apartment she lived in mold was cleaned up and a sampling of aspergillus/penicillum, stachbotrys and chateoium proved mold did exist in her apartment, people have the right to file lawsuits for mold exposure injuries.

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Source: New York Court Opens Door for Mold Suits

This entry was posted on Monday, April 16th, 2012 at 12:39 pm. Both comments and pings are currently closed.

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