Legal Question in Personal Injury in Hawaii
Medical Problems due to mold from uncorrected water damage
There were at least four instances of severe water damage in my apartment, which were not corrected or addressed for several days/weeks, despite repeated phone calls to the landlord, including complaints of possible mold, and mention of health concerns/problems. There is a constant musty smell, black spots keep appearing on the carpeting in the area of the most severe water damage, and the inside of the wallboard is pasty rather than powdery.
I lost almost all sight in my right eye, and some in my left eye due to retinitis, which I feel strongly is due to irritation from the mold. The vision is slowly coming back but my opthalmologist does not know if it will return to baseline. In any event I will no longer be able to wear contact lenses. This severely limits my lifestyle and comfort. I have also had respiratory problems, muscle and joint aches, headaches, nausea, short term memory deficits, and other symptoms.
And yes I know the easy answer is to MOVE... But I am not in a position to do this at present.
What recourse do I have, as a renter?
Do you know of any attorneys in Hawaii who specialize in these cases?
Thank you in advance for any assistance you might be able to provide.
2 Answers from Attorneys
Re: Medical Problems due to mold from uncorrected water damage
Thank you for writing. Based on the facts you describe, it sounds like you probably have a viable claim for damages. A landowner or manager who knows of a condition that poses an unreasonable risk of harm to persons on the property, owes a duty to those persons to either warn of the unreasonable risk of harm or to eliminate the unreasonable risk. The fact that this has happened four times and the repeated calls to the manager establishes actual notice to the manager of the unreasonable risk of harm. The key to your case will be whether a physician can link your symptoms to your exposure to the mold. To answer your question, as a renter, Hawaii law specifically provides you with the right to terminate the lease. Section 521-63 of the Hawaii Revised Statutes provides in pertinent part that "If any condition within the premsies deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of the occupant." In the alternative, Section 521-64 HRS also provides for another remedy for a situation like this. You said that you are not in a position to move. I assume you mean you cannot afford to come up with the required security deposit to move again. Your current landlord may refund your current deposit if you did not damage the unit or do not owe him/her back rent. Before you terminate your lease, you should meet in person with an attorney so that the attorney can review your lease and go over all of the facts in detail. This is important before you do anything because your attorney will need to know all of the pertinent facts to make sure that you would qualify to terminate your lease or whether some other more favorable remedy is available to you. Good luck to you.
Aloha,
Robert D. Kawamura
Attorney At Law
Re: Medical Problems due to mold from uncorrected water damage
You may have a case. Since you have retinitis, respiratory problems, muscle and joint aches, headaches, nausea, short term memory deficits, and other symptoms, you must obtain a physician to opine that these problems are a result of the uncorrected mold exposure. Please call me at 526-4000 ext. 206 and I will help you. T.J. Lane
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