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Mold Lawsuit May Set Landmark Legal Precedent in New York

EMSL Analytical offers legally defensible air and surface mold testing, as well as sampling media


In the past, lawsuits regarding toxic mold brought against landlords have not typically been successful, since legally proving the health impact of indoor mold is difficult. However, a case recently brought to a New York appeals court could change that for future plaintiffs, according to EIN News.
A New York apartment tenant brought a case against her landlords after being exposed to mold for six years in her apartment. She suffered physical ailments such as dizziness, rashes, and respiratory problems. Mold, believed to be caused by old water damage, was eventually found under her floorboards.
The case was initially dismissed by a trial court, due to questions surrounding the causal link between mold and her health problems. However, upon appeal, the court reviewed information provided by a medical expert, as well as a number of scientific studies. This testimony suggested that the mold in the apartment did create the health effects from which the tenant suffered. The court accepted this evidence, and the case will proceed.
The case has yet to be tried, so the full impact of the court’s decision is yet to be seen. However, this decision could potentially lead to many other lawsuits related to toxic mold exposure in New York.
Molds are fungi that can be found both indoors and outdoors, and they generally grow best in warm, humid, and damp environments. For people sensitive to mold, exposure can result in a variety of symptoms—including nasal stuffiness, eye irritation, wheezing, or skin irritation—to more severe reactions, such as asthma and hypersensitivity pneumonitis.
“Relying on sight and smell to determine if mold is present or growing indoors is very often insufficient,” states EMSL Analytical’s Vice President of Microbiology and Life Sciences, Jason Dobranic, Ph.D. “EMSL offers legally defensible mold testing services in numerous locations throughout the country, and we supply sampling media as well.”
To learn more about mold testing, please visit, call (800) 220-3675, or email

About EMSL Analytical, Inc.
EMSL Analytical is a full service testing company providing quality lab services under the same private ownership since 1981. Including the corporate lab facility in Cinnaminson, NJ, EMSL Analytical operates over thirty laboratories nationwide in the US and Canada. We provide analytical services for environmental, indoor air quality (IAQ), industrial hygiene, forensics and materials science, consumer products, food safety, PCR, pharmaceutical, asbestos, lead, and radiological samples. The company has an extensive list of accreditations from leading organizations, as well as state and federal regulating bodies. Please see our website for a complete listing of accreditations.


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