Products Liability For Lead Based Paint

Products liability claims surrounding lead based paint injuries and other damages as cause of action are regularly pursued in the civil courts. Currently, the main concern over lead based paint stems from outsourced products manufacturers using illegal lead based paint to create products that enter American markets. Unfortunately, many of these products are intended for an audience most susceptible to the harmful effects of lead poisoning, which are younger children. If you or your child is harmed by lead based paint in any product, you should consult with a lawyer about your legal rights to recover compensation for medical treatment and other damages suffered by you and your child.

Theories of Liability in Lead Based Paint Product Liability Claims

In the civil courts, a lawsuit for damages caused by lead based paint exposure is determined under product liability laws. While certain forms of lead based paint claims, including those involving residences, will fall under a different form of law, the majority of products based lead paint claims involve claims surrounding a product that was dangerous and harmed someone. In lead based paint product liability claims, liability is determined under one of the following theories:

Negligence, which is liability proven by the plaintiff showing four critical elements to their claim, including that a defendant (product marketers, manufacturer, or designer) had a legal duty to retail a lead-free product, the defendant failed to do so and breached this duty, the breach of duty (or sale of lead containing products or toys) caused harm to the plaintiff (victim), and that the injuries resulted in pecuniary and non-pecuniary damages to the plaintiff.

Strict liability, which is similar in critical elements to negligence theory based claims, however, under strict liability, a plaintiff need not prove duty, as duty is implied by the commercial manufacture or retail of a product to the public. In addition, the plaintiff is not required to prove negligence was the reason for a breach of duty. The existence of a dangerous product that is sold to the public is sufficient to prove breach of duty.

Breach of warranty, which can include either express warranties or implied warranties. In lead based paint claims, a plaintiff may be able to recover under either implied warranties or express warranties applicable to their state’s commercial code. Implied warranties often (in legal theory) accompany any product intended for use by children, which essential state that a product is safe for use by children, who are unpredictable in how they may interact with the product.

Getting Legal Help with Lead Based Paint Claims

In reality, any legal action involving lead based paint claims will require the assistance of legal counsel, who must determine if and how a given lawsuit should be filed to recover damages as the result of injuries from lead based paint products.

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