Mold Case Against Apartment Owner to Proceed

February 03, 2011, 03:01 PM

A federal district court judge in Richmond, Virginia has allowed a personal injury case to proceed against the owner of an apartment complex based on a theory of liability that mold was present in the plaintiff’s apartment in violation of Virginia’s Uniform Statewide Building Code (specifically Part III, Maintenance). This early Sanders in the case does not establish that the defendant owner of the apartment complex will ultimately be liable (i.e., the defendant still has a chance to prove that it did not violate the Building Code or that its violation was excusable) but the decision does represent a potentially precedent setting theory of liability of which apartment owners should be aware. —Timothy O. Trant II