Black Mold Lawsuits: What Renters & Homeowners Need to Know

Not all mold is created equal. While you might spot a patch of mold in your bathroom, black mold (Stachybotrys chartarum) presents unique legal consequences.

Legally, distinguishing black mold from common molds matters because toxic black mold claims can involve substantial compensation. Courts consider the specific type of mold when evaluating liability and damages. For instance, if a landlord ignores a black mold infestation, a black mold lawyer can leverage the severity of the contamination to build a stronger case. Knowing the difference early allows tenants and homeowners to take prompt legal action and protect their rights in a black mold lawsuit.

If you are facing black mold exposure in your home or apartment, contact Flaxman Law Group for a consultation. We can explain what options you may have and whether you may have a lawsuit.

Black Mold Lawsuits: What Renters & Homeowners Need to Know About Working With Flaxman Law Group

At Flaxman Law Group, we provide personal, start-to-finish attorney access. That means when you reach out, you speak directly with Charles or Steven Flaxman. Our father-son attorney team believes in offering you direct access, which is why you will have your attorney’s cell phone number.

Our team brings over 60 years of combined experience across multiple practice areas, including insider knowledge from insurance defense and adjusting. This perspective allows us to anticipate tactics and fight for maximum compensation in black mold injury lawsuits. We have helped clients break leases without penalty when black mold was found. We have also helped secure substantial compensation for clients to help them cover moving expenses, health care, and other losses.

Why Black Mold Is Especially Dangerous in Homes and Apartments

Stachybotrys chartarum, the most common black mold, produces mycotoxins that can trigger serious health problems. It thrives in damp, poorly ventilated areas, but it can be made worse with poor maintenance.

Unlike other types of common household mold, black mold can silently spread behind walls, in window panes, under flooring, and inside air ducts. Tenants may not notice the contamination until they experience symptoms.

Homeowners also face health symptoms, but can also face hidden damage that weakens structural integrity. Black mold can damage drywall and other building materials, which may mean expensive repairs and remediation.

Health Problems Linked to Black Mold Exposure

Exposure to black mold can lead to a range of health issues, especially in sensitive individuals, children, and the elderly. Symptoms may include:

• Chronic coughing or sneezing.
• Nasal congestion and sinus infections.
• Eye irritation.
• Skin rashes.
• Headaches or fatigue.
• Respiratory complications such as asthma flare-ups.

In severe cases, prolonged exposure has been linked to neurological effects and immune system disruption, even fatalities. If you or a family member is experiencing persistent symptoms in a mold-affected home, it’s important to document the impact and seek medical guidance. A black mold exposure lawyer can help you understand how these health issues intersect and can lead to legal claims.

Tenant Rights When Black Mold Appears in a Rental Unit

Renters in South Florida and Colorado have legal rights when black mold appears in a rental unit. Landlords are required to maintain safe, habitable housing under Florida and Colorado law. This includes addressing mold contamination promptly and effectively.

If your landlord fails to respond to reports of black mold, you may have a landlord-tenant dispute, and you may have grounds to sue. Common scenarios include:

• Ignoring repeated requests for mold remediation.
• Taking ineffective steps, such as painting over mold or hiring unqualified professionals to deal with the issue.
• Failing to disclose known mold problems before you signed the lease.
• Evicting tenants or taking other retaliatory action for reporting health hazards.

A black mold lawyer can help enforce your rights, including filing a black mold injury lawsuit or pursuing compensation for damages. Depending on your situation, you may have a premises liability claim, a claim for property damage, or a personal injury lawsuit.

Homeowner Claims for Black Mold Damage and Insurance Disputes

Homeowners face unique challenges when black mold appears. Insurance companies may deny claims or minimize payouts. A homeowner black mold insurance dispute can arise from:

• Water damage from leaks or storms.
• Mold growth following plumbing failures.
• Slow responses by insurers, leading to property deterioration.
• Faulty building materials or substandard work from contractors.

At Flaxman Law Group, we leverage insider insurance knowledge to challenge denials and push for full compensation. Your home is likely one of your largest assets and we fight to ensure you seek compensation that can help pay for repairs and mold remediation.

When a Landlord, Builder, or Insurer Can Be Held Liable for Black Mold

Liability in black mold cases can extend to builders, contractors, and insurers. Common situations include:

• Faulty construction or inadequate ventilation.
• Negligent repairs that create moisture buildup.
• Insurance companies refusing valid claims.

For example, contractors and builders can be held liable if they completed substandard work that led to a roof leak or another problem that resulted in mold. Property developers can be held liable if they hired unqualified contractors. Insurers can be sued if they acted in bad faith. If faulty building materials caused mold in your home, you may have a product liability claim against the manufacturers. In many cases, there may even be multiple liable parties in your case.

Typical Defenses Landlords and Insurers Use in Black Mold Disputes

Landlords and insurers often use predictable defenses in black mold disputes, Common tactics include:

• Maintenance blame. Landlords may allege that mold resulted from tenant negligence rather than property conditions.
• Preexisting damage. Insurance may claim the mold existed before the tenant or homeowner moved in and before a policy was in place.
• Insurance exclusions. Insurers may cite policy language to deny claims.
• Delayed reporting. Insurance companies may claim the tenant or homeowner waited too long to report the issue.

At Flaxman Law Group, we anticipate these defenses. With insider experience in insurance adjusting and defense, we know how to counter these claims and strengthen your black mold injury lawsuit.

How Settlements vs. Jury Trials Differ in Black Mold Lawsuits

Many black mold lawsuits are resolved through settlements, but others go to trial. Settlements are typically faster and confidential. Your black mold lawyer negotiates compensation, which may cover medical bills, property damage, relocation costs, and pain and suffering. In many cases, your attorney will start by seeking a settlement in your case.

Jury trials can result in higher awards but require evidence presentation and testimony, which can add complexity and require more time. Trials are often pursued when insurers refuse fair compensation or when liability involves multiple parties, such as builders and property managers.

Flaxman Law Group evaluates your case and guides you on the best path to maximize compensation in a black mold lawsuit.

Evidence You Need to Prove a Black Mold Lawsuit

Successful black mold litigation depends on meticulous evidence. Key items include:

• Photographs and videos of affected areas.
• Medical records documenting symptoms or diagnoses.
• Maintenance and repair requests submitted to landlords.
• Professional mold inspection reports.
• Correspondence with insurance companies.

Keeping careful records can help your attorney build a strong case, but if you’re not sure how to gather this information, Flaxman Law Group helps clients organize and preserve evidence, making the legal process smoother.

What Compensation May Be Available in Black Mold Cases

Compensation in black mold cases can cover a wide range of damages. Depending on the situation, you may be entitled to:

• Medical expenses related to mold exposure.
• Property repair or replacement costs.
• Temporary or permanent relocation expenses.
• Lost wages, if illness or home remediation interferes with your work.
• Pain and suffering for long-term health effects.

In rare cases, you may have a wrongful death claim. This occurs if you lose a loved one due to mold-related illness. In that case, you may be eligible for compensation for loss of support, for burial costs, and more. Rarely, juries award punitive damages. These are meant to deter someone who has been especially negligent.

A skilled black mold lawyer can assess the full scope of your damages and pursue the maximum possible recovery. In South Florida and Colorado, clients have successfully recovered seven-figure settlements, demonstrating that even complex toxic black mold claims can yield significant results.

How Mold Lawyers Assist Renters and Homeowners With Black Mold Claims

Hiring a black mold lawyer ensures you have an attorney handling every aspect of your claim. At Flaxman Law Group, we provide:

• Direct attorney access from start to finish, so your questions are always answered.
• Guidance on documenting exposure and property damage.
• Negotiation with landlords, builders, and insurers.
• Filing and pursuing black mold injury lawsuits in court.
• Support with related issues, from temporary housing to insurance disputes.

Our family-run firm emphasizes personalized care. You won’t feel like a case number and we will pursue fair compensation for you, so you can move past a devastating loss.

Flaxman Law Group combines over six decades of combined experience, local knowledge, and insider insurance insight to fight for renters and homeowners.

When black mold threatens your health or home, taking action quickly is crucial. If you or a loved one are dealing with black mold in your home or rental, contact Flaxman Law Group today to schedule a free consultation with a black mold lawyer.