Family learns of mold, lead and other toxins in home they rent. $10.1M. Los Angeles County.

Facts and Background

• Facts and Background:

  Plaintiffs/tenants alleged severe injuries as a result of their exposure to the high levels of lead, mycotoxins and endotoxins during their residence at the subject property, a single-family home, rented from defendants/landlords.

  In 2002, defendants bought the subject property, built in 1922, in “as-is” condition and without performing any professional home inspections. In August 2016, defendants leased the 94-year-old subject property to plaintiffs – a family of four with two daughters. Defendants did not have any of the home's components (i.e., roof, electrical, plumbing) inspected at any time between 2002 and August, 2026. Both parties agreed that plaintiffs were not provided with the EPA pamphlet “Protect Your Family From Lead In Your Home” or any lead-based paint disclosure forms as required by law.

  During a leak inspection, a plumber discovered what appeared to be black mold behind a bathroom wall. This prompted a professional mold inspection of the subject property, which revealed years-long roof leaks, plumbing leaks and a water heater leak. Subsequent mold and lead inspections reported high levels of lead, mycotoxins and endotoxins. 

• Plaintiff's Contentions:

  That defendants failed to take reasonable steps to ensure the property was safe and habitable for the family’s tenancy. This included failing to: 1) warn plaintiffs in the lease, or otherwise, of the presence of lead-based paint in the home; 2) have the subject property inspected before leasing it to plaintiffs; 3) failing to properly maintain the subject property.

  Plaintiffs’ expert Mr. Levy explained how the defendants’ failure to properly maintain their property caused water intrusion via roof leaks, plumbing leaks and a water heater leak, all of which cause bacteria and mold to grow, which in turn caused bacterial endotoxins and mold-generated mycotoxins to contaminate the home. Plaintiffs' lead expert Mr. Maskew testified he had previously inspected and tested 100-200 homes for the presence of lead-based paint and that the subject property tested positive for the highest levels of lead in the paint of all the homes he had tested.

• Defendant's Contentions:

  Defendants contended that: 1) they were not required to have the subject property's building components inspected before plaintiffs moved into the subject property; and 2) they took reasonable steps to ensure the property was safe and habitable to live in.