In Late November of 2019, Webb Law Group filed a complaint with the Superior Court of the State of California. It alleged that CAMP PENDLETON & QUANTICO HOUSING, LLC, LPC PENDLETON QUANTICO PM LP, and LINCOLN MILITARY PROPERTY MANAGEMENT LP failed to properly act on multiple reports of mold contamination in their rental properties in San Diego. Consequently, their collective failure to act, maintain, and repair their properties had resulted in the personal injury of two children who lived in one of the properties for years.

The Case Details

Originally, Webb Law Group was approached by the family who had been living in one of the Lincoln homes on Camp Pendleton in San Diego. The family had recently discovered that their son’s medical and behavioral deterioration was, in fact, the result of mold which the property management company had failed to properly test for and remove. The family had made multiple complaints to Lincoln Military Property Management beginning soon after their initial move-in date. Although it was a nuisance, at the time, the family was given no specific cause to consider the mold to be toxic or potentially hazardous. Instead, they were instructed to spray bleach rather than find the root of the problem. With something as pressing as this matter, all areas that may produce mold (bathrooms, kitchen, etc.) would have needed to be inspected, and then fixtures treated or removed and replaced using companies like www.glassshowerdirect.com and other appliance companies, so that tenants didn’t have recurring issues.

While technicians and repairmen were sent to the property, the issues of frequent appliance leaks and consistent discoveries of mold were not handled in a safe or proper manner. Additionally, Lincoln failed to properly document and/or cover up the reports of mold which the family had made. From the outset of the term of the Lease, Lincoln Military Housing failed to provide or maintain a habitable environment for their family, despite repeated fraudulent representations of habitability, upon which the family was intended to rely, and in fact, did rely upon. Meanwhile, their son began to experience physical health symptoms including eczema and breathing issues, as well as mental deterioration and behavioral problems.

The family began to take their son to various pediatricians and behavioral specialists and he was prescribed a variety of medications. However, things only seemed to be getting worse as time went on. It was not until many years later that a visit to a new doctor alerted them to possible mold contamination as the culprit of their son’s disorders. Upon testing, it was revealed that the presence of multiple strains of toxic molds including aspergillus, penicillium, stachybotrys, chaetomium globosum, and citrinin were present in his body. Such molds are proven to be highly toxic, cause adverse neurological effects, and can cause suppression of the immune system. At this point, their son was properly diagnosed as suffering from PANS (Pediatric Acute-beginning Neuropsychiatric Syndrome) caused by mold contamination. It was after this diagnosis that the family sought legal counsel from the team at Webb Law Group, APC. Since then, other families with similar claims have come forward and approached us for legal advice.

The Claims Against Lincoln Military Housing

As a consequence of Lincoln Military Housing’s poor maintenance and upkeep of the property, the space in which family’s resided became hazardous to the health of the family members, in particular, their son who was only six years old at the time they took up residence in the Lincoln property on Camp Pendleton.

Lincoln Military Housing and their affiliates had a duty to these families to properly and safely own, lease, rent, operate, provide, supervise, maintain, manage, construct, inspect, and repair the leased property so as to make it habitable, safe, and hazard-free. They had a duty to these families to use ordinary care for the preservation of the leased property and to maintain it in good repair, to repair all deteriorations, its fixtures, components, systems and/or structures. Additionally, Lincoln had a legal duty to exercise reasonable care to ensure that such space was safe to occupy and that the families’ occupancy of such spaces would not result in exposure to anything that would negatively affect their health.

Unbeknownst to these families, the property was uninhabitable and unfit for human occupation due to construction defects and deficiencies, failing building components and systems, and improper and negligent, careless, and reckless maintenance and repair, all contributing to water and moisture intrusion, causing microbial/mycological contamination and infestation of the subject property, rendering the property unsafe for habitation and causing these families severe economic and non-economic hardship. This is why they sought the help of an attorney experienced with construction defects cases to help them fight this issue the right way.

Even if Lincoln believed their statements about the safety of the homes to be true at the time made, they made such statements and misrepresentations without any reasonable basis for believing them to be true and should have known them to be false. Lincoln had no reasonable grounds for believing their representations to these families were true at the time they made them. Ultimately, had the concealed information been disclosed to these families by Lincoln Military Housing and their affiliates, the families reasonably would have behaved differently. Namely, they would have moved away from the property to avoid exposure to toxic mold and mold contamination.

Contact Webb Law Group Now

Have you or a family member experienced severe mold-related medical symptoms, disorders, or illness as a result of your time spent living in Lincoln Military Housing in San Diego? If so, Lincoln Military Housing may be responsible for covering damages. Additionally, you may be entitled to recover emotional and physical damages. If you lived or still live in a Lincoln property on Camp Pendleton and you have been up-to-date on all related rent payments and other related housing expenses, you may need legal representation from Webb Law Group.

If you feel you may need legal advice about a claim of severe health complications due to mold contamination, the team at Webb Law Group is here to answer any questions you might have. Webb Law Group, APC is a highly reputable legal firm with experience in matters involving California Class action and personal injury law. We currently have multiple mold contamination cases open against Lincoln Military Housing. If you feel you have a similar negligence claim against Lincoln Military Housing for mold-related health issues sustained during your stay at Camp Pendleton, please contact the team at Webb Law Group as soon as possible.

Having a reputable attorney by your side for a matter of this magnitude will offer you the best possible chance of navigating the courts and case processes; while offering a way to recover damages for yourself and/or your family members. If you feel you need legal representation, we are happy to review your legal needs and provide consultation and support where necessary. For questions, or to schedule a consultation, contact Webb Law Group in San Diego today at 619-399-7700.