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Maryland Court Upholds Government Immunity in Workplace Mold Exposure Case

If you work in a historic government building in Maryland and experience health problems, you might wonder whether you can file a lawsuit. A recent decision by Maryland’s intermediate appellate court found that a county remains immune from liability in a mold exposure case tied to building maintenance duties. The person affected worked in a courthouse complex and claimed to have contracted an illness due to mold. The court ruled that the county’s task of building repairs counts as a governmental duty and therefore benefits from immunity under state law.

Understanding this ruling matters if you believe mold, water leaks, or similar issues at a publicly maintained facility caused your health problems. The decision may block claims in many situations, but knowing when immunity applies could still help you explore other legal paths or evidence.

What the Court Found About Mold Exposure at a County Building

The case involved an employee who worked inside a courthouse facility leased by the county. After discovering mold, the worker developed respiratory and other health concerns. The claim targeted the county’s failure to maintain a mold-free environment.

The Court of Special Appeals reviewed whether that maintenance duty is considered governmental or commercial in nature. The court referenced past precedent that divides county functions into two categories. It held that building upkeep falls under governmental tasks and is not subject to exclusion under the Local Government Tort Claims Act.

The court concluded that the county is immune from this type of negligence action due to its role in performing building repairs as part of its civic function. As a result, the case ended in favor of the government without moving forward to trial.

When Government Immunity Applies to Workplace Injury Claims

Maryland grants local governments immunity when performing basic public services. Those include tasks such as police patrols, fire prevention, and structure maintenance. Courts have consistently held that routine upkeep of public properties qualifies for broad protection.

If you are an employee in a government facility, you may not be able to file a negligence claim for mold or structural hazards. That applies even if the exposure caused injuries requiring medical attention. The immunity does not mean the condition does not exist. It means the law prevents you from seeking compensation from the county through a civil lawsuit.

That does not automatically end all your options. You may still be eligible for workers’ compensation or federal claims in some limited regions. It helps to talk with someone who understands the boundaries between government immunity and alternative routes.

How to Evaluate Your Claim After Exposure in a Public Building

If you were exposed to mold or other hazards in a government office, start by identifying who was responsible for controlling the space. Was the building owned by the county, the state, or by a private landlord? That fact may affect whether immunity applies. Next, review any internal notice you provided to the employer or facility manager. That could be relevant for filing a workers’ compensation claim or other administrative process.

Keep any medical documentation that ties your condition to that environment. Whether mold, poor ventilation, or other contaminants caused your injury, records help support your statement. Take photographs and note the dates when you first became aware of the hazard. That kind of documentation can be instrumental if you pursue a claim that does not involve negligence.

Even though a review of immunity may prevent filing suit in civil court, other paths remain. Those include claims through a federal labor agency or under occupational safety rules. You require a timely review of paperwork and deadlines to ensure administrative action is taken. Missing dates may remove your ability to take action later.

Why Government Facilities Still Must Maintain Safe Conditions

The decision does not excuse the presence of dangerous environments in public buildings. Mold and structural hazards continue to pose significant health threats and require correction in accordance with state and federal regulations. A county may not face a negligence claim, but it must still meet building safety standards and comply with worker safety laws.

Maryland’s workplace safety laws and federal regulations may allow you to seek relief even when a tort claim against the government is not possible. That relief could include orders to rectify unsafe conditions or compensation through an alternative legal process.

By understanding what laws apply and where immunity does not block claim paths, you can better protect yourself and your coworkers. Safety protocols, building inspections, or administrative bodies may still enforce corrections or compensation in ways a private lawsuit cannot.

Talk With a Maryland Lawyer About Government Building Injuries

If you experienced illness or injury due to unsafe conditions in a public building, you may feel stuck by the fact that a county might be immune from negligence claims. However, that does not necessarily block all options for resolving your situation or seeking help.

The Schupak Law Firm focuses on injury cases, including those involving building hazards, workplace safety regulations, and permitted forms of recovery when negligence claims are limited. The firm can review your medical records, your employment setting, and related laws to identify possible paths forward.

To discuss your situation with someone who understands Maryland rules on government immunity, call 240‑833‑3914 today for a free consultation.

 

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