Hello, and thank you for contacting Just Answer.

First, I am sorry that you and so many of your co-workers are having to struggle with continued exposure to a water-damaged building.

Unfortunately, lawsuits over such issues have had mixed results. There certainly have been instances where employers were required to provide adaptations under the Americans with Disabilities Act for individual employees who can demonstrate a Disability in party caused by exposure to a water damaged building.

However, suits for damages appear to have had less luck, and I am not familiar with any class action precedent to guide you, particularly because this is a relatively new (or at least newly discussed) health issue.

I do know that there are a few doctors around the country who research the issue and have acted as expert witnesses in suits against employers who fail to properly remediate water damaged buildings. Most prominent among them is Doctor Ritchie Shoemaker, and his website can be found at:

http://www.survivingmold.com/about/ritchie-shoemaker-m-d

That is right, there have been successful suits, and some less successful. I am in no way saying a suit cannot be successful, but more that this is a newer area of the law because, until recently, the issue was not being litigated as much.

I certainly understand, traveling to Maryland would be quite the hike for someone coming from Alaska, I just wanted to make sure you had access to information.

Ultimately, the key here would be to find a local attorney who has experience in personal injury and employment suits, as that is ultimately what this is.

There are really two things that you need for any successful case (1) A good attorney who has experience in Litigation, and (2) documentation.

The documentation piece may actually be the easier piece of this puzzle. Every employee who is effected should be keeping notes as to when and how they are effected, as well as medical documentation (ie diagnosis information) from their doctor that water damage could be a factor in their health concerns. Also, having documentation that efforts have been made to work with the employer and building owner, but with little success.

Finding an attorney willing to take the case could be trickier, just because it is a newer area of the law, but ultimately that might just mean keeping up calling attorneys until you find one who can help. The Alaska State Bar Association does have a referral service at:

https://www.alaskabar.org/servlet/content/lawyer_referral_serv.html

If you can find a good attorney, they will take care of finding expert witnesses, etc (Shoemaker is the only one I can find with a quick google search, but there may be others).

That is all evidence that could be presented to show that medical issues were caused by poor maintenance of the building. As I said before, whatever records that can be found that injury occurred and that it was caused by a water damaged building are the building blocks of a suit. Keep in mind that the ultimate elements of a case such as this require (1) That a duty of care was owed, (2) that the duty was breached, either through negligence or intentionally, (3) that the breach caused injury, and (4) that the injury could have been foreseen by a reasonable person.

I hope this helps, and let me know if you require any further information. Otherwise, please remember to RATE my answer AT LEAST 3 out of 5 so that I can receive credit for my work.

You are welcome, and I wish you the best of luck. Please do remember to RATE my answer so that I can receive credit for my work.

Take care