Winning A Mold Case Part 1: Notice

San Diego Mold Lawyer – Toxic Mold

In the first of this six-part series, our San Diego mold lawyer, Anthony Thompson, is going to through each individual step for winning a mold case.  A toxic mold case is won from the beginning.  It is really that simple and it all starts with notice.

Notice is making a responsible party aware of what he or she has done wrong.  Whether telling a landlord about musty odors and water damage or advising an HOA of improper irrigation or roof leaks you must put the responsible party on notice.  People cannot be expected to correct what they don’t know or have no reason to know.


Your notice should be in writing.  It can be a text, email or letter.  Doesn’t matter.  But it should be brief, to the point and have some critical elements:

  • When the problem started
  • When you started to feel ill
  • When you noticed musty odors
  • When you noticed water damage
  • When you noticed visible mold

It is critical that your history be accurate.  Imagine going to the doctor and not being accurate with your history.  If you are suffering from migraines and foot pain but only mention foot pain to the doctor the doctor will never be able to diagnose the possible tumor growing in your head!.  For example, if you have been sick for two years, don’t say “the last six months.”  If you noticed a musty odor two years ago don’t say “the last couple of months.”  Be accurate.  Your credibility in your toxic mold case depends on it.


Also, your notice should NOT contain certain things including:

  • Conceding how wonderful the landlord or HOA has been over the years.
  • Getting emotional
  • Talking about irrelevant repairs like lightbulbs and other superfluous things (this is about your HEALTH).
  • Conceding you did something wrong.
  • Justifying your lack of knowledge about mold.
  • Being sorry for complaining.


The easiest defense in a toxic mold exposure case is that the landlord or HOA didn’t do anything wrong.  Their first argument will always be as soon as found out about the problem be did something!  That is why putting the landlord or HOA on notice is so critical.  If they take action that is great for you.  If they don’t take action, you have a solid record to support your claim.  As a San Diego mold lawyer, I have seen so many cases foiled by lack of notice.  An otherwise strong toxic mold claim will not get past the liability stage if the potential defendant does not know there is water damage or mold problem.

If you have a toxic mold claim your need and San Diego mold lawyer.  We can assist you with communication to your landlord or HOA.  Don’t lose your case before you even start.  Our award-winning toxic mold lawyers are some of the best lawyers in the business. Since 1976 the team at Thompson Injury Law has been helping victims on water damage and mold exposure get the compensation they deserve.  Call our office today at 619.615.0767 or email attorney Anthony Thompson at

We represent toxic mold victims in all areas of San Diego and Southern California including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, and La Mesa.

About the Author
Anthony D. Thompson joined his father in the practice of law in 2004. Prior to his legal education, Anthony worked in Los Angeles in the field of multimedia entertainment. He also co-founded his own company based on wireless/satellite mapping solutions.