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Bronx Personal Injury & Real Estate Blog

Monday, February 26, 2018

The Complexities of New York City Toxic Tort Claims

Q: Can I sue my landlord for exposure to mold, asbestos, and other toxic substances?

In New York, personal injury lawsuits can be based on many different scenarios, all of which require an injury and the victim’s ability to prove it was caused due to the negligent, reckless, or intentional actions or inactions of another person or entity.

Under the doctrine of premises liability, a residential or commercial building owner is responsible for maintaining their premises in a safe manner so that those on the premises won't be harmed by its unsafe or dangerous condition.

One of the many subsections of personal injury law involves toxic tort litigation. A toxic tort is a personal injury lawsuit that's based on the victim’s exposure to a toxin or harmful substance. Exposure to mold, mildew, and asbestos are common claims in toxic tort litigation in New York City.

In fact, mold claims were so common that the New York Court of Appeals curtailed the ability of tenants to sue their landlords for mold-related personal injuries. That's why it's important to seek counsel from a skilled New York toxic tort litigation attorney if you believe your exposure to a harmful substance caused your injury or illness.

Recently, a Brooklyn couple living in a NYCHA apartment allegedly suffered injuries after their ceiling collapsed and has filed a notice of claim against the city as a pre-requisite to commencing a $10M lawsuit. In addition to alleging exposure to "mold, mildew, and asbestos" the couple claims the man suffered herniated and bulging discs while the woman suffered a herniated disc and neck and shoulder injuries.

If liability can be established, compensatory damages in a personal injury claim may include the current and future medical expenses the victims, current and future lost income or diminished earning capacity, property damage, pain and suffering, and more depending on the circumstances of each case.

If you have been injured in any kind of accident, including but not limited to a toxic tort exposure incident, the Goldstein Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our office in the Bronx, New York, we represent victims and their families throughout New York as well as those injured while visiting New York.


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