What to do if my neighbor flooded my basement and nowI have mold?

UPDATED: Aug 3, 2011

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What to do if my neighbor flooded my basement and nowI have mold?

My neighbor flooded my basement almost 3 months ago. He admitted fault. But it took them so long to take care of it now mold has entered my home on the second level. They are giving me a hard time because of the price of the estimates that their company has provided. They also sent a specialist out who confirmed that I have a high level of mold on the second level. Now I am experiencing headache and my breathing is starting to bother me.

Asked on August 3, 2011 District of Columbia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your neighbor's negligence caused the flooding of your basement, you could sue him for negligence.  Your damages (the amount you are seeking to recover in your lawsuit) would include the cost of repairs to your property including the removal of the mold that the flooding caused whether it is in the basement, second level or anywhere else in your house.  Your damages should also include your medical bills, compensation for pain and suffering, and documentation of wage loss for your headaches and breathing problem if those health problems were caused by the mold or flooding.  It would be advisable to obtain your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

If your neighbor's flooding of your basement was an intentional act and was not a negligent act, then your lawsuit would be for nuisance.  Nuisance is a serious and unreasonable interference with your use and enjoyment of the property.  Your damages for nuisance would include what was listed above under negligence; however, you might also be able to recover permanent diminution in the value of your property if applicable; for example if the mold problem is not completely eradicated or there is damage to the foundation from the basement flooding, etc.

If your lawsuit is not filed prior to the expiration of the applicable statute of limitations, you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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