Ohio Injury or Death Due to Mold Exposure: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury or Death Due to Mold Exposure Leading to Respiratory Issues throughout the State of Ohio.
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Ohio Mold Exposure Lawyers: Premises Liability for Respiratory Illness
A property owner’s failure to promptly address water leaks, flooding, or excessive moisture creates an ideal breeding ground for toxic mold (including *Stachybotrys chartarum*). When mold exposure occurs, particularly in residential or commercial rental properties, it can lead to severe and chronic health problems, including debilitating respiratory issues, persistent allergic reactions, neurological problems, and long-term illness. This negligence in maintaining a safe, habitable environment is a serious Premises Liability violation.
If you or a loved one developed severe respiratory issues or other illnesses due to mold exposure caused by a landlord’s or owner’s unaddressed water leaks on an Ohio property, our experienced Personal Injury Attorney team is prepared to fight for justice. We specialize in toxic mold litigation, holding negligent parties accountable under the Ohio Revised Code and established case law.
Owner Liability for Mold and Water Leaks Under Ohio Law
While Ohio does not have a single, unified "mold statute," liability is firmly established through the Ohio Residential Landlord-Tenant Act and common law principles regarding dangerous conditions. Failure to address moisture issues and resulting mold is a breach of the legal duty of care.
The Duty to Maintain Habitable Premises (R.C. § 5321.04)
Under Ohio Revised Code § 5321.04, landlords are legally required to:
- Maintain Fit Premises: Keep the premises in a safe and habitable condition. The presence of toxic mold due to unaddressed water leaks violates this fundamental requirement.
- Make Timely Repairs: Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition. Failing to fix a water leak that causes mold is a direct breach of this duty.
Establishing Negligence
To prove negligence in a mold exposure case, we must demonstrate that the owner had actual notice (e.g., written notification from the tenant) or constructive notice (the condition was obvious or long-standing) of the water leak and failed to remediate the moisture source and the resulting mold within a reasonable time. This failure to act causes the latent mold to become a legally actionable dangerous condition.
Proving Causation: Linking Mold Exposure to Respiratory Issues
Mold litigation is scientifically rigorous. We use environmental and medical experts to establish a direct causal link between the property owner’s negligence, the resulting mold exposure, and the victim's respiratory issues and other illnesses:
- Environmental Testing: Certified industrial hygienists conduct air and surface sampling on the premises to identify the species and concentration of the mold (spore count), comparing it to outside levels.
- Source Tracing: Experts trace the mold growth directly back to the owner's failure to address the specific water leaks (e.g., leaky pipes, failed roof, poor ventilation).
- Medical Documentation: We work with pulmonologists, immunologists, and toxicologists to confirm a diagnosis of mold-related injury (e.g., chronic sinusitis, asthma exacerbation, hypersensitivity pneumonitis) and prove the exposure was the direct cause.
Damages and Ohio's Statute of Limitations (R.C. 2305.10)
Injuries from mold exposure often require long-term medical care, displacement, and replacement of contaminated property. We fight for comprehensive financial recovery:
- Medical Bills, Specialist Treatment for Respiratory Issues, and Prescription Costs
- Compensation for Property Loss (contaminated furniture and belongings) and Temporary Housing Costs
- Lost Wages, Loss of Future Earning Capacity, and Permanent Disability
- Pain and Suffering, Emotional Distress, and Loss of Enjoyment of Life
The statute of limitations for a Personal Injury lawsuit in Ohio (R.C. § 2305.10) is typically two years from the date the injury was diagnosed or discovered (the Discovery Rule). Immediate action is crucial to document the water leaks, mold growth, and obtain timely testing.
Contact Our Ohio Personal Injury Attorneys Today
If you or a loved one suffered severe respiratory issues or illness due to mold exposure from unaddressed water leaks, contact us immediately for a free, confidential case review.