“When a leak is not attended to, mold is sure to follow. Once the property owner has “notice” of a hazardous condition, the potential for liability increases. The general rule is that actual knowledge of mold is what is needed and not just notice of water damage that may lead to mold.”
Note – And since there is evidence that Riverstone Residential knew about the mold at Jefferson Lakes Apartments – our unethical attorney J Arthur Smith III and Riverstone Residential (in various and obvious ways) made sure THAT evidence was NOT produced. Even without the evidence they did not want to produce, it is obvious they knew about the mold at the complex because visible mold was right in front of their faces for them to see, which they did. Katy
See also –
Photos of Mold in Apartment – Photos documenting extensive mold growth in the HVAC system, walls, appliances, etc., and also the lack of maintenance and inferior repair work resulting in constant water intrusion and continued mold growth and damage.
A lawyer discusses handling water damages
C. Jaye Berger
Water damage and related liability has always been a big issue for property owners and the occupants of that property. It is an especially big issue in co-op buildings where everyone lives in close proximity. It may arise from the co-op having work done on the roof or from a shareholder or tenant doing renovation work in their apartments.
The first thing that is needed when there is water damage is a game plan for how to handle the problem and the source of the leak. When a leak is not attended to, mold is sure to follow. Once the property owner has “notice” of a hazardous condition, the potential for liability increases. The general rule is that actual knowledge of mold is what is needed and not just notice of water damage that may lead to mold.
While everyone’s first question is “How many insurance policies are there that might cover this?,” there may not necessarily be coverage, because there may not be an “event” under the policy triggering the coverage. The damage may have been caused by negligence or faulty work by a contractor and not by a sudden event, such as a pipe that burst. There may be several insurance policies that might be implicated. Each insurance company should be contacted as soon as possible, so that there are no issues about late notice.
It is important to get the source of the leak fixed quickly to avoid further damage and expense. This may mean paying for the remedial work and getting reimbursed later. The right attorney can orchestrate all of these matters and sometimes resolve the issue without litigation.
C. Jaye Berger, Esq., is the principal of the Law Offices C. Jaye Berger, New York, N.Y.