Wednesday, February 7, 2007

Is "Mold" the New "Asbestos"?

This Richmond Circuit Court jury thought so. The jury awarded the plaintiffs $780,000 based upon their claims of negligence and violation of the Landlord-Tenant Act. David Bailey, counsel for the plaintiffs, stated that "mold cases now account for more than half of his practice." The facts, as reported here, should put some fear into landlords: the plaintiffs reported the mold in October, maintenance removed the mold but it came back in November, the plaintiffs moved from the apartment in December, and although the plaintiffs suffered lingering illnesses for two years, their claim did not include future medical expenses.