Lead-Based Paint Injury Lawsuits

Lead-based paint contains significant amounts of lead, a heavy metal used predominantly in houses and other buildings until the late 20th century. This paint was favored for its durability and vibrant color retention. However, the dangers associated with lead, especially when ingested or inhaled, have since resulted in severe restrictions on its use.

Why Is Lead-Based Paint Dangerous?

Lead-based paint poses serious health risks, particularly when it begins to chip, peel, or degrade into dust. When ingested or inhaled, the lead particles from this paint can cause various health issues, including neurological damage.

Signs and symptoms of lead poisoning in adults can be subtle yet harmful. These include fatigue, headaches, memory problems, and more. Prolonged exposure can exacerbate these lead paint poisoning symptoms, leading to more severe complications.

What Kind of Injuries Occur From Lead Paint?

Injuries from lead-based paint are predominantly related to lead poisoning. Common lead-based paint symptoms include learning disabilities in children, fertility issues in adults, high blood pressure, joint pain, and digestive problems. The severity of the symptoms can vary based on the duration and level of exposure.

Do Homes Still Contain Lead-Based Paint?

While the sale of lead-based residential paints was banned in the United States in 1978, many homes built before this year may still have layers of this paint on their walls, especially if they haven’t been renovated or repainted since then. As such, homeowners, especially those in older properties, should be cautious and consider testing for lead if unsure.

What Is a Seller’s Obligation Regarding Lead Paint in Homes?

Sellers must disclose the presence of lead-based paint in homes built before 1978. Potential buyers must be informed about any known lead paint in the property and given an EPA-approved lead poisoning pamphlet. Buyers should also be given 10 days to conduct a lead-based paint inspection unless mutually waived.

What Damages Can I Recover from Lead Paint Contamination Litigation?

Victims of lead paint poisoning can file a lawsuit to recover damages for their injuries. This could include compensation for medical expenses, pain and suffering, loss of earning capacity, and more. Depending on the severity of the lead paint poisoning symptoms and the negligence of the liable parties, compensation amounts can vary significantly.

How Can I Build a Strong Lead-Based Contamination Litigation?

To build a robust lead contamination case, you should:

Document All Medical Diagnoses and Treatments Related to Lead Poisoning

When suspecting lead poisoning, scheduling a medical examination with a healthcare professional is essential. Blood tests typically determine the levels of lead in the body. Always request copies of all medical reports, blood test results, and related prescriptions.

Keeping a personal journal that notes any symptoms or health concerns believed to be tied to lead exposure can be beneficial. It’s crucial to ensure that the medical provider indicates the potential source of lead poisoning, ideally linking it to your living space.

Gather Evidence of Lead Presence in Your Home

Hiring a certified lead inspector or risk assessor is a proactive step to identify the presence of lead-based paint in your residence. They provide detailed surface-by-surface inspections, and their reports can be vital evidence. It’s also helpful to take photographs of deteriorating paint areas, indicating potential lead-based paint issues.

Conducting a dust sample test can be instrumental in cases where lead poisoning is diagnosed, as high lead levels in dust samples can further pinpoint the contamination’s origin.

Document Any Communication or Disclosures Regarding Lead Paint with Landlords or Sellers

Maintaining a comprehensive record of any written disclosures or information received concerning lead paint is essential, especially when purchasing or renting a property. Without written communication, noting down verbal discussions with dates and conversation details can provide added context. Archiving email threads or other digital communications about lead paint concerns ensures you have a holistic record of all discussions.

Consult with a Lead Paint Lawyer or Lead Poisoning Lawyer

Research is your ally when seeking legal representation. Platforms like LegalMatch can simplify the search by connecting you with lawyers suited to your needs.

When preparing for a consultation with a potential lawyer, gather all pertinent documentation — from medical records to inspection reports. Understanding the attorney’s experience, approach, possible outcomes, and fee structures is wise. Some might operate on a contingency basis, charging fees only upon winning the case, while others might have initial consultation fees or other upfront costs.

What Other Parties May Be Liable for Lead-Based Paint Contamination?

Apart from property sellers or landlords, other potentially liable parties include:

Previous Homeowners Who Were Aware of the Issue but Failed to Disclose It

Homeowners, particularly in many U.S. states, are legally obligated to disclose known defects or hazards in the property during a sale, including lead-based paint.

If they were aware of the lead paint issue but chose not to disclose it, they could be liable for damages the new homeowner incurs. This could include medical expenses, the cost of lead abatement, and even damages for pain and suffering.

The key here is the homeowner’s knowledge; they are typically only liable if they were aware of the lead paint but didn’t disclose it.

Inspection Companies That Didn’t Detect or Inform About Lead Paint

Home inspection companies are expected to exercise a certain level of care and professionalism when evaluating homes. If they negligently miss the presence of lead-based paint or don’t inform potential buyers, they may be held responsible for any resultant damages.

Their liability often depends on the scope of their inspection and the specifics of their contract. Their liability could be clear if they were tasked with checking for lead paint specifically and failed in that duty. However, if it was outside the scope of their duty, the argument could be more nuanced.

Contractors Who Improperly Removed or Disturbed Lead Paint, Causing Contamination

Professional contractors must adhere to specific standards and regulations when dealing with hazardous materials, including lead-based paint. If they improperly handle, remove, or disturb lead paint, causing further contamination or spreading the hazard, they could be liable for any resulting damages. This could encompass health damages for those exposed to the improperly handled lead and property damages for any contamination that necessitates cleanup.

Paint Manufacturers, If They Falsely Advertised or Did Not Provide Proper Warnings

Historically, some paint manufacturers have faced liability for producing lead-based paints, especially if they were aware of the risks but did not adequately warn consumers. They could be subject to lawsuits if they falsely advertised their products as safe or failed to provide appropriate warnings about potential lead content. Liability can hinge on when the paint was produced and sold since lead-based paint was legally sold until it was banned in the U.S. in 1978.

Manufacturers post-1978 could face clear liability, while those before that year would depend more on what they knew about lead’s risks and how they conveyed that knowledge to consumers.

In each of these cases, the exact nature and extent of liability can depend on specific state laws, the individual circumstances of the case, and what each party knew (or should have known) and did (or didn’t do) concerning the lead paint hazard.

Do I Need a Lawyer for Help with Lead-Based Paint Lawsuits?

Absolutely. Lead-based paint litigation requires legal aid. A lead paint or lead poisoning lawyer can provide invaluable assistance, ensuring you understand your rights and guiding you through the legal process.

You must act fast if you’re concerned about lead paint in a home or have suffered from lead poisoning. Get matched with a top-tier real estate lawyer through LegalMatch today. Ensure your rights are protected and that you get the compensation you deserve.