Truth Empowering Justice
When confronting the possibility of toxic mold-related illnesses in your indoor environment, it is important to act quickly. If you are experiencing delays with your insurance company or dwelling owner/manager, it may be time to expedite the solution process; it may be time to call an attorney that understands what it means to be injured by mold—
Image: Scales of Justice
Marshall Bitkower
Image: Scales of Justice
Your Mold Expert Attorney

Marshall Bitkower, Attorney at Law
~Your Mold Expert Attorney~
1 (818) 516 1585

In most instances, there is no fee
until your case is won.

 

Because of their potentially toxic nature, indoor mold colonies should not be tolerated. Buildings need to be maintained properly to prevent the moisture intrusion that prompts the initial mold growth. This preventative approach should and must begin during the initial fabrication of the structure. Thus, responsibility for the deterrence of mold proliferation lies not only with property owners but also with construction contractors. Unfortunately, not all builders or building owners (or property managers) will exercise "due diligence", or reasonable efforts, to keep mold in check. If your requests for assistance are being ignored, legal intervention may be required—

Image: "Scales of Justice" Bullet  A formal reminder of applicable Landlord/Tenant laws can encourage your dwelling owner/manager to make needed repairs.

Image: "Scales of Justice" Bullet  Legal correspondence can assist your home insurance company or construction company to respond to covered claims in a timely manner.

Image: "Scales of Justice" Bullet  If appropriate, city Building and Safety Departments or County Health Departments (or County Environmental Health Departments) can be addressed to enforce relevant municipal or health codes. A property owner can be cited and compelled to make repairs if the health and safety of the public is effected.

Image: "Scales of Justice" Bullet  Residential leases have an "implied warranty of habitability".  The responsible party owes you a contractual obligation, usually by lease or rental agreement, to provide a Safe Habitable Environment.  Knowingly allowing mold to continue growing unchecked may constitute a breach of contract.

Image: "Scales of Justice" Bullet  In circumstances where you, your children, or pets have suffered from mold-related illnesses or mold-contaminated personal property, Tort Litigation or Toxic Tort Litigation may be appropriate. The legal term "tort" is defined as: a wrongful act other than a breach of contract that injures another and for which the law imposes civil liability (obligation to provide restitution under civil laws). Civil liability is created by a legal theory or principle that places a duty or obligation (such as using "due diligence" or "due care") on the defendant. In the absence of such responsible behavior, a lawsuit can very possibly provide monetary compensation for your losses--pain and suffering, medical expenses, earning capacity, and personal property damages. Future losses can also be addressed.  Personal medical documentation and the mold assessment 1 documentation for your dwelling are required to help build a strong foundation for your case.

 


To discover if your situation could be decisively debated for the enforcement of your rights,
please call

1 (818) 516 1585 .

There is no fee for your initial consultation and, in most instances, no fee for services until a judgement is awarded to you.

 

 

 

 

Footnotes--

1.  As a provision, in the event that legal action is necessary, mold assessment services should include:

A.  the availability of personnel that have experience testifying in court concerning their findings.

B.  mold sampling that integrates a "chain of custody" log.  The purpose of a “chain of custody” log is to provide (the accepted measure of) proof that the integrity of the attached evidence (in this case, mold specimens) within a sealed airtight container has been maintained from the time of its collection until its presentation in court.  Logged data must include the location and the type of samples taken, the identity of all custodians, notations of transfers and sample analyses, and the times and dates of all tenures and procedures.  The resulting chronological written record provides a complete history.  Any unauthorized custodian or unexplained time period would create the suspicion of the possibility of tampering, which would necessarily preclude the specimens from being admitted into evidence.

 

 

 

 


Communi--Cues
Image: pen, paper, and envelope.
If your answer to any question below is "yes";
                  if your toxic mold concerns are not being addressed;
                                      you have a cue to send a communication
                                                          to Marshall Bitkower!  (contact options)

 

Dwelling Renters’ Questions

1. Has your landlord, property manager, or property owner ignored your complaints of visible mold, water leaks, water damage or water stains?

2. Are water stains, merely painted over, reappearing after a short period of time?

3. If action is being taken to remove mold, is the work being supervised by a general contractor instead of an experienced Certified Mold Remediator contractor?

4. Has your family's health been effected? (Toxic mold related indications include upper respiratory illness, constant fatigue, loss of memory, sore throat, flu-like symptoms, breathing problems, and depression.)

Dwelling Owners’ Questions

1. Has your insurance company responded to your toxic mold claim with the phrase “...your claim is under investigation...” or “...your claim has been denied...”?

2. Are warranty-covered water leak repair requests ignored, or do multiple repair attempts fail to fix the leak?  Is the work being supervised by inexperienced unlicensed personnel?

3. Have you discovered substandard building materials or inferior workmanship at the origin of the water intrusion?

4. Has your family's health been effected? (Toxic mold related indications include upper respiratory illness, constant fatigue, loss of memory, sore throat, flu-like symptoms, breathing problems, and depression.)

 

 

 

 

Contact Options--

Telephone: 1 (818) 516-1585

E-Mail: Marshall@MarshallBitkower.com

U.S. Postal Service:
Marshall L. Bitkower
Attorney at Law
20501 Ventura Boulevard, Suite 140
Woodland Hills, CA  91364

 

 

 

 

 

Portrait: Marshall Bitkower

Marshall Bitkower has successfully practiced as a trial lawyer for many years and is currently specializing in mold litigation in southern California.
Thorough knowledge of and extensive experience with mold-related health and legal issues enable him to present a formidable prosecution for injured plaintiffs. Yet, his ability to identify with your feelings of urgency concerning your plight is predicated on his own experience of being injured from exposure to toxic mold.

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©Copyright, 2003-2004, by Marshall Bitkower, Attorney at Law; all rights reserved.