A successful result could have significant implications for tenants seeking to sue their landlords for health issues related to toxic mold.
New York, NY (PRWEB) May 04, 2012
Attorney Jeffrey Lichtman of Trolman, Glaser & Lichtman in New York says that the New York appellate court’s recent decision in a toxic mold injury case serves as a good reminder that tenants can hold landlords responsible for their injuries.
According to Reuters, a New York apartment dweller sued the property management company of a building in which she used to live because of physical ailments such as dizziness, rashes and respiratory problems that she suffered after being exposed to mold in her apartment over a six-year period. The mold, discovered underneath the apartment’s floorboards, was believed to have been caused by previous water damage.
Reuters reported that the trial court dismissed the case, unconvinced that the mold was “toxic.” But on appeal from the dismissal, the appellate court (No. 4810 in the New York State Supreme Court, Appellate Division) examined information from a medical expert and evidence from scientific studies that suggested that the mold in the apartment did, in fact, create the woman’s respiratory problems. As a result, the appellate court allowed the lawsuit to go forward.
Attorney Jeff Lichtman notes that while it is difficult to determine the exact impact this ruling will have because the case still has to be tried, a successful result could have significant implications for tenants seeking to sue their landlords for health issues related to toxic mold.
Lichtman reminds New Yorkers that their landlords and apartment building owners are responsible for keeping their buildings safe, and when negligent maintenance occurs and someone is injured, then those owners can be held responsible. According to the New York State Attorney General’s tenants’ rights guide, New York property owners have a duty to:
- Inspect apartments where children live for lead paint hazards and to repair them
- Install approved smoke detectors and carbon monoxide detectors near sleeping areas
- Take precautions to protect tenants from assault by installing proper door locks, two-way intercom systems, mirrors in elevators, door peepholes and adequate lighting in entrances and along walkways
- Install window guards in apartments with children under 10
- Clear ice and snow from sidewalks in a reasonable amount of time after inclement weather
When landlords fail to properly maintain the premises, Lichtman says, and an injury occurs, tenants have the option to pursue a personal injury lawsuit.
For more information about tenants’ rights after an injury in apartment buildings, contact the personal injury attorneys at Trolman, Glaser & Lichtman by visiting the firm’s website at http://www.tgllaw.com or calling 212-561-5036.
About attorney Jeffrey Lichtman and Trolman, Glaser & Lichtman:
The premises liability lawyers at Trolman, Glaser & Lichtman, along with their team of experienced support staff, have represented thousands of injured New Yorkers in the past 40 years and obtained more than $1 billion in settlements and verdicts for their clients. The firm handles personal injury cases throughout New York City and the five boroughs, including cases involving slip-and-falls, nursing home negligence, elder abuse, motor vehicle accidents, medical malpractice, defective medical devices and dangerous drugs.