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West Virginia Environmental Legal Questions

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1 legal question has been posted about environmental law by real users in West Virginia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include environmental cleanup, environmental permitting, and wetlands. All topics and other states can be accessed in the dropdowns below.

Proving toxic black mold syndrome & landlord liability

Answered 11 years and 2 months ago by attorney Daniel A. Brown   |   1 Answer
I am only licensed to practice law in Ohio so my response is conditioned on that limitation. I understand the health and financial difficulty you are facing.  Unfortunately, when a state and/or local health agency does not have regulatory requirements related to mold, a tenant is left to his/her common law causes of action, which include negligence and nuisance.    The problem with common law causes of action is that each litigant is expected to pay for its own legal counsel.  Consequently, you would need to find an attorney licensed to practice law in West Virginia who is willing to take your case, and a medical professional willing to testify that your medical issues are “caused by” an exposure to mold.  Proving the causation issue can be difficult.   When funds for hiring an attorney are not available, you could consider contacting your local legal aid society, but they may not have the expertise to handle such a case.      So, on balance, your best option may be to immediately seek alternative housing to remove yourself from the contamination.  Many people get better pretty quickly after terminating their exposure to the mold spores.  I hope this helps.  ... Read More
I am only licensed to practice law in Ohio so my response is conditioned on that limitation. I understand the health and financial difficulty you... Read More

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