Lead-based paint is defined in the U.S. as paint containing more than 1.0 milligrams of lead per square centimeter, or 0.5 percent by weight of the dried product. Exposure to lead-based products can cause lead poisoning, according to studies.
Lead poisoning is associated with symptoms such as brain/nerve/internal organ damage and other conditions. Inhaling or swallowing lead particles is the most common way to be exposed.
There has always been a concern about the health hazards associated with lead-based paint due to the dangerous contamination within the paint.
In addition to causing lead poisoning in children, it can also have severe health effects on adults. Lead poisoning can cause severe brain damage and mental impairment in children. In addition, it can lead to mental retardation and poor physical health. Lead poisoning in adults can lead to poor muscle growth, nerve damage, reproductive problems, high blood pressure, and even death.
Lead paint is most likely to cause injury to children. In many older homes containing lead paint, the paint flakes or disintegrates, causing it to fall to the ground. Young children are prone to putting foreign objects in their mouths, so they will often take these flakes of lead paint and swallow them.
Lead paint can cause lead poisoning, as mentioned above. Lead-based paint can cause the following injuries:
Despite recent U.S. laws regulating lead-based paint in new residential dwellings, older homes can still contain lead-based paint. Homes from the Victorian era or other types of older dwellings are especially susceptible to this. If the building has lead particles lying dormant, stripping the paint and applying new coats can “disturb” them.
Since 1996, home sellers have been required to disclose any lead-based paint hazards on their property. This was covered in the “Lead Based-Paint Disclosure Regulation.”
As a result of the regulation, home sellers must:
Many homes built before the current regulation laws still contain lead-based paint, posing a major problem. Instead of requiring homeowners to remove lead-based paint, laws require them to disclose the presence of lead-based paint in their homes.
Regulations governing lead-based paint disclosures were passed in 1996. Lead-based paint must be disclosed to potential renters and buyers of homes built before 1978. It is also the seller’s responsibility to allow buyers to inspect the home for lead-based paint if they wish (usually for ten days).
Moreover, lead-based paint disclosures may be required for the sale of other items such as:
For instance, paint in children’s toys cannot exceed .009 parts per million. Retailers can be held liable for selling toys that don’t meet these requirements or for selling defective products.
Fines may be imposed for violations of lead-based disclosure laws. In serious cases, jail time may be necessary. A person injured by lead paint can file a civil action against the homeowner or retailer. If a homeowner fails to disclose the existence of lead-based paint in a home and a subsequent tenant gets lead poisoning, the seller may be liable for damages.
Injuries vary greatly in severity, as well as the knowledge of the person who caused them. Medical bills and associated costs are generally awarded as compensatory damages.
The plaintiff who proves that the defendant intentionally or negligently caused the injury is entitled to compensation, which is divided into two types: damages for the injury and damages for the consequences of the injury. The law recognizes both general and specific damages as compensatory damages.
The general damages are awarded for the injury itself but cannot be readily valued. Among these damages are pain and suffering, mental anguish, and trauma. An expert witness, such as a physician or psychiatrist, must testify to assign a monetary value to such damages.
Plaintiffs receive special damages if their injury has a specific consequence. Medical expenses and lost wages are usually specific consequences. A precise monetary value can be assigned to these items.
In order to develop a successful lead contamination case, you may need to do the following:
Other parties may be responsible for lead paint contamination besides landlords/property sellers:
According to estimates, 3.6 million American homes with at least one child have lead paint hazards. Generally, lead poisoning occurs due to a buildup of lead in the body over several months or years.
A plaintiff may file a class action lawsuit instead of an individual lawsuit when a toxic substance has affected many people. A class action lawsuit is a legal claim brought by a group of individuals who all suffered the same or similar due to the same defendant’s conduct.
Statutes of limitations set the amount of time in which a particular claim can be brought against a defendant. It is important to note that claims for damages must be brought within a set period of time; in cases of personal injuries, such as lead poisoning, it usually takes two or three years. There is, however, a difference between states regarding this timeframe.
The situation can be particularly complicated in toxic exposure cases since an injury may not present as a serious medical condition for several years after exposure. In order to address this issue, many states have enacted a “discovery rule.” Under this rule, the statute of limitations does not begin until the injury is known or reasonably should have been known.
Sometimes it is difficult to fully understand lead-based paint disclosure laws, especially when it comes to a home’s age. You may wish to hire a defective products lawyer if you need help understanding your rights and obligations under lead-based paint disclosure laws. If you need to appear in court, your attorney can provide legal advice and defend you.
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