Apartment Complex Mold Lawsuit Alleges Woman Suffers On-Going Medical Symptoms Due to Contaminated Units

Lawsuit claims property managers repeatedly failed to address mold problems despite multiple complaints.

A Texas woman has filed a personal injury lawsuit alleging she has been left with serious and long-term respiratory side effects after exposure to toxic mold in her apartment.

The complaint (PDF) was brought by Erma J. Wiggins in Texas District Court on March 27. It names Emmaus Housing Partners LTS, the owner of the apartment community, and Allied Orion Group LLC (AOG), the property management company, as defendants.

Mold Health Risks

Indoor mold exposure is known to cause a range of adverse health effects, particularly involving the respiratory system. Common symptoms include allergies, persistent coughing, wheezing, chronic bronchitis, sinusitis, as well as headaches, nausea, swollen glands and muscle pain.

Individuals with pre-existing conditions, such as allergies, asthma or weakened immune systems, face a higher risk of more severe complications. These may include breathing irregularities, skin rashes, fatigue, vomiting, neurological symptoms and increased susceptibility to infections.

Research has also shown that exposure can worsen underlying conditions, with a Harvard study finding that household mold significantly increases the risk of asthma attacks and related complications.

Apartment Complex Mold Lawsuit

In her lawsuit, Wiggins alleges she first noticed a foul odor in her apartment coming from the garbage disposal and air vents, along with black material in her bath water and visible mold near her toilet. She states that she reported these conditions to the management company, AOG, but received no meaningful response, and the apartment mold problem continued to worsen.

According to the complaint, Wiggins soon began experiencing health problems and was ultimately diagnosed with mold exposure by her doctors, which was later confirmed by an independent mold specialist.

The lawsuit indicates that maintenance staff attempted to remove some of the mold and assured her the issue had been resolved. However, Wiggins claims her symptoms continued to worsen, prompting her to retain a mold expert who determined the contamination in her apartment was severe and widespread.

Despite these findings, the complaint alleges that both Emmaus and AOG failed to take appropriate corrective action when notified. When remediation efforts were eventually undertaken, Wiggins claims the companies used toxic chemicals that created an unsafe living environment, causing burning, coughing, and nausea—symptoms she alleges persist to this day and require ongoing medical treatment.

“Defendants failed to identify the foreseeable hazard and appropriate procedures, training, and/or safety measures to implement to prevent such a foreseeable hazard.”

– Erma J. Wiggins v. Emmaus Housing Partners LTS et al

The complaint presents liability claims against Emmaus and AOG, as well as claims of negligence to exercise ordinary care to keep the premises safe, premises liability, private nuisance, breach of warranty of habitability and deceptive trade practices.

Wiggins seeks compensatory and punitive damages, along with pre- and post-judgement interest, court costs, and the right to amend the allegations as further investigation and discovery of the matter are conducted.

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