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Old 01-11-2009, 06:16 PM
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Join Date: Jan 2009
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Mold Exposure


What is the name of your state (only U.S. law)? Tennessee

Can I sue my ex husband for exposing our child from infancy through toddler hood to mold? He had water damage to his home in mid 2006 and I requested he have his home tested and treated for mold. I even offered to pay for half the test. I had advised him that when I came to pick up our son from visitation with him, his house had a musty smell and our son was always suffering from nasal congestion, coughing, red watery eyes. I advised him that I had researched the issue and all symptoms were pointing towards a reaction to mold. He refused to admit that it was his home causing our child to get sick. FINALLY, I was able to get it court ordered in April 2007 for him to have his house tested and treated. The results from the mold test showed hazardous levels of mold in his home. He finally treated his home but the company that treated his home advised him that he would need to fix his HVAC unit. The gentleman stated that the unit was leaking water into his walls and underneath the carpet in his basement. If he failed to fix that issue, the mold problem would be back in no time and be much worse. He did NOT fix the issue and now according to witnesses, his home wreaks of a musty smell and they had breathing problems when the were in his home.

The reason I am looking to sue him is that our child has countless health issues and I am always the one who takes him to the doctor, misses work, and takes care of him when he is ill. I am by no means complaining about doing my job as a parent however I am missing time from work which obviously affects my income and causing potential job loss due to poor attendance. Not to mention the unnecessary pain and suffering my son has gone through with the ear infections, sinus infections and upper respiratory infections. Since my son is a toddler, obviously he cannot sue his father but I feel that my son also deserves some compensation for the suffering he has endured. Even if it is money put into a trust fund for him for his future use.

Do I have anything remotely close to a case and if so... What type of attorney would I seek??What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)?
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