Lead Paint Poisoning

For centuries, paint was often produced using methods requiring lead, as lead additives help accelerate drying, improve durability, and prevent corrosion caused by moisture. Though lead-based paint – commonly containing chrome yellow (lead chromate), red lead (oxide), and white lead (carbonate) – was used for many years, it is now recognized as a significant hazard to human health and the environment, and has been banned and tightly regulated in the U.S. and many countries.

Though the U.S. Consumer Product Safety Commission (CPSC) banned lead paint in residential and public buildings in 1977, as well as in toys, furniture, and other consumer products, most homes and structures built before 1978 still contain the hazardous substance. The result is that lead poisoning remains an ongoing problem, especially in New York, where numerous residents and workers live and work in buildings that contain lead applied years or decades before its prohibition.

For victims who do suffer preventable lead poisoning, there may be opportunities to hold negligent property owners, employers, and other parties accountable for failing to address lead-based paint hazards. Our New York City personal injury lawyers at The Perecman Firm, P.L.L.C., can help you understand your rights to compensation during a free consultation.

Lead Poisoning: Sources, Symptoms & Serious Illnesses

Exposure to lead-based paint is one of the most common causes of lead poisoning, which can cause considerable damage to the body’s nervous system. A highly toxic metal, lead can cause neurological brain damage, kidney damage, and symptoms such as nausea, headaches, abdominal pain, irritability, and lethargy. In addition to potential birth injuries and reproductive problems in both men and women exposed to lead paint, lead is also considered a “possible and likely carcinogen,” and at high levels can result in death.

Lead exposure is commonly associated with:

• Lead-based paint, including chips and peelings from walls and radiators
• Lead-contaminated dust in old buildings or homes with lead paint
• Soil, public structures, and playgrounds that contain traces of lead or lead paint
• Contaminated water caused by lead pipes, faucets, and other plumbing
• Certain occupations with elevated exposure risks, such as construction and welding

Though harmful to humans of all ages, lead is particularly dangerous to children, who may suffer developmental delays, learning disabilities, behavioral problems, hearing loss, and seizures when exposed to lead in even small amounts. Children are also more likely to suffer from lead poisoning because lead-based paint may taste sweet, prompting them to ingest or chew on lead-based paint chips, peelings, and toys with lead dust. This concern was the primary reason why the CPSC banned lead paint in residential and public buildings in the 1970s.

Victims’ Rights: Holding At-Fault Parties Accountable

Because the dangers associated with lead-based paint are well known, our building codes, workplace regulations, and other laws often create legal obligations to detect, address, and prevent lead contamination caused by lead-based paint and other harmful substances. Those obligations require certain parties to take reasonable steps to protect the public, customers, tenants, and others to whom they owe a duty of care.

Examples of parties that may be held accountable in lead paint poisoning claims include:

• Premises owners and landlords that fail to address lead hazards they knew or should have known about
• Contractors and companies that fail to meet standards for reducing risks of lead exposure during renovations, demolitions, and other projects
• Property and building managers with legal duties to keep residents and tenants safe
• Hotel and rental companies that fail to protect guests
• Property owners that fail to disclose information about lead hazards as required by federal law
• Daycares, nursing homes, and other entities that care for seniors or children
• Manufacturers that fail to meet regulations for lead limits in their products, produce unsafe products, or fail to warn consumers about potential risks

Lead paint poisoning claims can involve complex concepts of law, including those associated with toxic torts / toxic exposure, product liability, premises liability, and workplace or construction regulations, among many others. As such, victims who believe they may have a potential case, as well as parents of injured children, should be focused on working with attorneys who have experience handling and successfully resolving difficult personal injury claims.

Contact Our Skilled Lawyers at The Perecman Law Firm

The Perecman Firm, P.L.L.C., is an NYC-based injury law firm with a national reputation. Our award-winning attorneys have recovered more than half a billion in compensation for our clients in a range of challenging cases over the years, including those involving negligent companies and individuals that failed to uphold their legal obligations to the detriment of others. We have the experience to evaluate your potential claim and explain what options you may have available or assume a pending case if you are unsatisfied with your current lawyer. Contact us to speak with a member of our team. Our New York City injury attorneys are available 24/7, and serve clients across all boroughs and the state.