Who is Liable for Lead Poisoning?

Lead is a toxin that is most commonly encountered in paint manufactured before 1978. The most common victims of lead poisoning are children who ingest paint chips containing lead. Areas in the home that are painted with lead-based paint, such as railings, fences, doors and window sills, can be a source of exposure through hand-to-mouth contact. Moreover, lead based pipes can contaminate drinking water.

Injuries caused by lead poisoning are not always immediately recognizable. A blood test can reveal the levels of lead present in a child's blood. Lead poisoning can cause serious health issues in children including:

• Learning disabilities
• Hearing problems
• Damage to kidneys, reproductive and nervous systems
• Retarded growth and development
• Coma
• Death

Who is Liable for Lead-Based Paint Poisoning?

Property sellers, real estate agents and landlords can all be held responsible for lead poisoning. Due to the increased health problems resulting from lead, the Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, was passed in 1992. The Act applies to rental properties built before 1978 and sets up guidelines which must be followed before a lease is signed.

• Landlords must provide prospective tenants with an Environmental Protection Agency (EPA) approved pamphlet, explaining how to protect against lead poisoning
• The landlord and tenant must sign a disclosure (approved by the EPA) that the tenant was informed about any lead hazards on the property
• The landlord must keep a copy of the disclosure for three years after the tenancy begins

Remedies for Victims of Lead-Based Poisoning

Substantial monetary damages may be available to children for injuries sustained from lead poisoning including, but not limited to:

• Medical bills
• Pain and suffering
• Loss of companionship
• Recovery of lost future wages
• Attorneys' fees