California Wrongful Death Lawsuit Ties Black Mold to Landlord Negligence

A recent wrongful death case exposes how black mold, neglect, and uninhabitable conditions end in tragedy.

LOS ANGELES, CA, UNITED STATES, November 25, 2025 /EINPresswire.com/ -- A woman placed her hand on a bathroom wall for balance, and it gave way beneath her touch. Inside, the drywall was hollow - eaten through by black mold that had been left untreated. What began as a hidden maintenance issue ended as a fatal collapse, one that Senior Trial Attorney Alex Boris of J&Y Law now calls “a tragedy of inaction.”

“My client stood up from the toilet, placed her hand on the wall, and it just gave way,” explains Boris. “The drywall was so weakened by black mold that it crumbled beneath her touch. She fell, hit her head, and months later, she passed away from those injuries. But this wasn’t an accident. This was preventable neglect.”

According to building codes and California habitability laws, landlords must provide safe, livable housing. Instead, this one relied on surface-level cleanups that did nothing to stop the spread. The mold had eroded the structure from within, turning the walls into paper.

This wrongful death case (No. 30-2024-01375181-CU-PO-CJC filed in the Orange County Superior Court) underscores how seemingly minor maintenance issues can hide catastrophic dangers. Black mold, or "Stachybotrys Chartarum," is notorious for spreading behind walls, floors, and ceilings, thriving in damp or poorly ventilated areas. Even when invisible, it can weaken wood and drywall, release toxins, and compromise air quality. Entire rooms may be rendered unsafe long before visible patches appear.

What Landlords Are Required to Do

California’s implied warranty of habitability requires property owners to maintain safe, sanitary living conditions, including proper plumbing, ventilation, and structural integrity. Painting over mold, using household cleaners, or ignoring moisture damage does not meet this standard.

“The biggest challenge in cases like this is proving liability,” Boris says. “To hold a landlord accountable, we have to show notice — either actual notice, meaning they were told about the hazard and ignored it, or constructive notice, meaning they should have known through regular inspections. In this case, the landlord had neither a system for complaints nor any inspection process. He simply didn’t want to know.”

When landlords fail to act, tenants have the right to demand professional remediation or pursue legal recourse for wrongful death, personal injury, or premises liability.

Why You Can’t Just “Wipe Away” Black Mold

Experts agree that once mold spores penetrate porous materials like drywall, wood, or insulation, the damage continues unseen. Professional remediation - not bleach or paint - is required to remove it safely and prevent regrowth.

When left untreated, mold can destroy the very walls meant to protect you. In this case, that destruction proved fatal.

“The landlord actually sent someone to ‘clean up’ the mold,” Boris says. “That person had no license, no training, no remediation experience. Just a bottle of bleach. He wiped the walls, painted over the damage, and called it fixed. All they did was cover up a dangerous condition that later killed someone.”

How to Tell If Your Home Has Hidden Black Mold

Black mold doesn’t always show itself on the surface. It often grows behind drywall, under flooring, or inside ventilation systems where leaks or condensation go unnoticed. Common warning signs include a persistent musty smell, warped or bubbling paint, peeling wallpaper, or unexplained allergy-like symptoms.

What Landlords and Contractors Should Do to Stop Mold Before It Spreads

Proper mold prevention starts with moisture control. Landlords and contractors should inspect plumbing, caulking, and ventilation systems at least quarterly, especially in older or high-humidity buildings. Bathrooms and kitchens need functional exhaust fans, sealed tilework, and dry surfaces after leaks or floods.

Certified specialists can identify the type of mold, remove contaminated materials safely, and repair the root cause. Anything less than that risks long-term structural damage and potential liability for tenant injury or wrongful death.

Most importantly, landlords must establish a clear communication system for tenants to report hazards. That means creating a written or digital portal to submit complaints, track them in real time, and confirm when each issue has been inspected and resolved. Without a formal reporting process, dangerous conditions can go unresolved until tragedy strikes.

A Family and Community Forever Changed

Our client who died was more than a tenant. She was a loving aunt who supported her nieces and nephews; who sent money when they needed help; who treated others’ children as her own. Her sudden death has left the family shattered and searching for accountability.

Her story represents a much larger issue: across the U.S., low-income renters and seniors are disproportionately affected by unsafe living conditions. According to the Environmental Protection Agency (EPA), roughly 45 million buildings in the United States contain unhealthy mold levels, with the highest rates found in California, Texas, Louisiana, and Florida. These states feature older buildings and humid climates, making mold especially pervasive.

Mold-related illnesses and structural failures are also more common in low-income neighborhoods, where landlords delay maintenance to save costs, and tenants often fear retaliation if they complain.

When Negligence Turns Deadly

The tragedy faced by this family isn’t isolated. Black mold injuries have been linked to respiratory distress, neurological issues, and building collapses across the country. These cases raise urgent questions about tenant rights and landlord accountability. What happens when hidden hazards are waiting behind the next layer of paint?

“To me, this lawsuit was about standing up when the odds feel impossible,” says Boris. “When someone’s been hurt and the people responsible have money, power, and lawyers. A lot of folks think no one will listen to them, or that their story doesn’t matter. But it does matter. What we do is give that story a voice. We hold the system accountable. Because in the end, justice is about doing right by people.”

If you or a loved one has suffered illness, injury, or loss due to unsafe housing or toxic mold exposure, contact J&Y Law for a free consultation at (866) 598-5699 or visit www.jnylaw.com.

Dan Moyer
J&Y Law
+1 866-598-5699
email us here
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