Toxic mold and the problem of cross-contamination in New Jersey and New York

Baby injured from black toxic mold

A story was just reported in the news about a Jasper Alabama family whose infant child was hospitalized after toxic mold was found inside her family's home. The toxic black mold was allegedly ignored by the landlord who, after complaints were made by the baby's parents said that if it's a problem they should "move out."

The baby was hospitalized twice up to 5 days at a time when her throat and eyes swelled up. They finally contacted a mold inspection company who waived the $500 fee because they said its one of the worst cases they've ever seen. According to the tenants, the landlord pulled up the carpet to cover-up the mold with new flooring. According to the mold remediation company this was a huge mistake because it cross-contaminated all of the belongings which now have to be destroyed as a result of this cross contamination.

Cross contamination threat and toxic mold

Toxic mold is not only a problem here in New Jersey and New York, but it's a problem throughout the United States. There are an increasing number of mold complaints. They typically arise in landlord-tenant cases, when people purchase homes and are not told about pre-existing mold, in office environments and even hospital environments, and in a variety of other settings. This is very serious and some people become very ill. Not everybody becomes ill, it's very much person specific. But some people become very ill as a result of exposure to certain kinds of mold.

Cleaning up the mold is very often not the only thing that has to be done. Items that are exposed such as furniture, clothing, bedding etc., very often have to be remediated. If they are not they cross contaminate the new cleaned environment. And this can cause a real problem for people who are prone to become ill from the mold exposure.

Which means --- if your apartment, rental property, condominium. new home, office become mold contaminated, cleaning the walls and remediation the mold may not be enough. Always make sure the source is addressed, perhaps a leaky roof or leaky pipe, etc.  Clean bedding, toys, etc....Finally, make sure your valuable, such as furniture, clothes, bedding, children's toys are cleaned and that mold is removed. If this is not done properly, it can cause serious problems due to cross contamination.

Is this the Association's responsibility?  It may be.   You need to look at the Association documents, case law in your state, and the particular facts in your case. 

Lieberman & Blecher practices community association law in New Jersey and New York. www.liebermanblecher.com

New Jersey Home Owner Associations Need to be Careful About Mold

Ten years ago few people really believed that mold could make people very ill, or destroy their homes and property. People believed that mold has been around forever and that it really cannot hurt anyone. A lot has changed in ten years.

For homeowner associations, this can mean possible lawsuit liability.  These associations are usually responsible for maintaining common elements, which often include roofs, basements, unfinished parts of walls, and roof gutters.  Unfortunately, mold requires a moisture source and it is exactly these areas that often provide these sources. 

Which means that the Association may get sued in a mold personal injury or property damage case.  In response to this reality, Associations should do the following:

1.  Become educated.  Courses are available in the area.

2.  Become vigilant.  If you see a problem, fix it immediately.  Delay makes the problem worse and increase the liability.

3.  Become pro-active.  Nothing makes a defense lawyer happier than proof of regular maintenance. So do it  and record it.

4.  Educate unit owners about hazards associated with leaky faucets, toilets showers, etc.  Do so in writing,  keep a record of it,  and do it often.

5.  Take these claims seriously. So often suit is prompted by a callous property manager response to a mold claim.  Not a good idea at all.

At Lieberman & Blecher, we have seen a sharp increase in mold complaints, mold property damage, and mold related sickness and injuries.  Doctors now understand this issue as well. Whereas 10 years ago a person might not be able to get a mold related medical diagnosis, now Doctors ask about mold exposure and they are familiar with these problems.

Mold illness often causes severe breathing issues and many of our New Jersey mold cases have a pulmonary component to them. Weakness, extreme fatigue, becoming terribly lethargic, memory loss, development of other immune or neurological symptoms, are all part of a classic New Jersey mold exposure case.

Mold liability is based usually on negligence standards and, when applicable, fraud or breach of lease concepts. And landlords need to be nice to their tenants because the best evidence that a landlord was aware of this problem often comes from a former tenant --maybe one who was unhappy for completely other reasons. The point is simple --property owners and managers must immediately take care of these issues.  Delay is a plaintiff lawyer's gift.

Associations and property managers need to become better informed in this area and need to be very careful.  Verdicts and judgements can be in the millions of dollars.  And the harm can last a victim's life time.

Lieberman & Blecher practices community association law and environmental law  in New Jersey.  www.liebermanblecher.com

Condo purchasers need to test for radon

A Wisconsin community is the news recently. And not for reasons that make Town officials happy. Its in the news because many homes are reporting unacceptably high radon levels.


Radon needs to be taken seriously. After cigarette smoking it is the leading cause of lung cancer. And smokers in high radon environments have even higher chances of becoming sick.

What makes radon so menacing is that you can’t see it or smell it. It is completely invisible. And yet it can kill.

Some areas are more prone to radon than others. Radon comes from the ground and certain ground formations are more likely to produce radon.

Radon can also enter through drinking water. Hot showers are particularly dangerous.

Here in New Jersey certain communities are considered to be Tier I Communities. In these areas new home much have radon mitigation systems.

Radon is tested by leaving a canister in a room for a day. Doors and windows must be closed.

Here is a real problem without an easy solution. If a buyer leavers a canister in a sellers home – the buyer has no real way to know whether closed conditions were in place. And a seller who wants to cheat can do so easily by just airing out a house during testing. Be aware of this problem.

Radon can be addressed through a mitigation system. Use an experience company with a good reputation. And it might be better to have an independent company do the radon confirmatory test after the system is installed to avoid any possible conflicts.


When purchasing a home make sure that radon testing is done before title is transferred . If a problem exists use a very good mitigation company to fix it before you close on your new castle.

Lieberman & Blecher practices environmental law in New York and New Jersey.  We have represented many people injured by toxic susbstances such as radon, dirty water, air pollution, and other toxic hazards.  www.liebermanblecher.com  .