Lead Paint Injury

Even though lead paint was removed from the market over 50 years ago, it is estimated that over 50% of children living in U.S. cities are exposed to lead. Lead paint is quite dangerous. Exposure can cause a brain damage, convulsions, and lead to a coma. Lead poisoning can even lead to hearing loss. The Centers for Disease Control and Prevention has named lead in paint to be the most prevalent source of lead exposure for children. Children often swallow chips of peeling paint, or inhale dust containing lead. While Congress banned lead paint in 1978, the ban only applied to newly manufactured paint. Thus, there are still thousands of buildings in New York that have lead paint. If you are in need of legal guidance because due to lead paint exposure, contact an experienced Bronx lead paint injury lawyer to discuss your case. You may be entitled to compensation because of the injuries you suffered from being exposed to lead paint.

Unfortunately, children under 6-years old are the most at risk for lead poisoning because their bodies are still developing. It is well-established that exposure to lead can lead to physical ailments, loss of memory, academic under achievement, high blood pressure, brain injury, and even death.

In 1992, the federal government passed a law to address lead paint exposure. The law requires that anyone renting, buying or remodeling a home built before 1978 must receive a pamphlet called “Protect your Family from Lead in Your Home.” Tenants as well as landlords are also required to sign a disclosure form that must be kept by the property owner for a minimum of 3 years. As an experienced Bronx lead paint injury lawyer will explain, landlords who fail to comply with this law could face a $10,000 fine for each violation.

New York law requires landlords and apartment owners to test and remove lead paint when children are present. Landlords are required to send an annual questionnaire to determine the ages of their tenants. If there is an occupant under 6 years of age they are required to remove the paint by a qualified professional. New York City’s Local Law 1 and Local Law 31 require landlords to conduct annual inspections for peeling paint and other lead paint hazards in apartments with young children.

For example, the impact of lead poisoning in young kids was mentioned in Juarez by Juarez v. Wavecrest Management Team Ltd., 627 N.Y.S.2d 620, (N. Y. A. D. 1 Dept., 1995). Two-year old Peggy Juarez lived with her mother, Noemi Juarez, in an apartment that had lead paint. In the apartment there was a lot of paint chips peeling from the ceiling, windows, pipes and radiators. There were several incidents where Peggy was observed eating the paint chips. Also, dust from the lead paint settled on Peggy’s toys. After touching her toys, Peggy would often put her fingers in her mouth.

Noemi sought medical help for Peggy after Peggy complained of stomach pain and demonstrated behavioral problems. Peggy was diagnosed with having lead poisoning and was admitted to the hospital where she remained for a week. She also received outpatient treatment. As a result of the lead poisoning Peggy suffered cognitive deficits.

If you believe you or a family member suffered injuries from exposure to lead paint, contact an experienced Bronx lead paint injury lawyer, as you may be entitled to compensation. Depending on the facts of your case, the type of compensation that you may entitled to includes expenses related to medical expenses, lost wages and pain and suffering.

Medical expenses include your past and future medical expenses that are related to treatment for your injuries such as emergency room treatment, hospital stay, doctors' fees, medication, rehabilitative services, and assistive technology. You may be entitled to damages for the wages you lost while recovering, as well as for compensation for loss of earning potential if as a result of your injuries you are unable to earn as much as you would had you not been injured. In addition, you may be able to collect damages for pain and suffering. Compensation for pain and suffering is reserved for those injuries that are severe enough to cause the victim extreme physical pain, permanent injuries, or that cause the victim to suffer psychologically and emotionally.

If you suspect that you or your loved ones have been exposed to lead paint, contact Stephen Bilkis & Associates to discuss the details of your case. We have extensive experience successfully representing injured victims. We are here to help. Contact an experienced lead paint injury attorney serving the Bronx at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: Bronx, Brooklyn, Long Island, Westchester County, Suffolk County, Staten Island, Manhattan, Nassau County, and Queens.