Filing a Lead Paint Lawsuit for Lead Poisoning

Lead poisoning is extremely dangerous. Up through 1978 lead based paints were legal in the United States. These paints are now breaking down and leaving lead paint chips or dust in buildings. These chips can or dust can cause lead poisoning if ingested. It can significantly health damage in only tiny amounts. This makes it especially dangerous for children, because these tiny amounts will make up a greater percentage of mineral presence in their bodies. The following are common symptoms of lead poisoning.

Constipation
Reduced IQ
Slowed body growth
Hearing problems
Kidney damage
Headaches

If noticed after possible lead exposure, medical help should be sought immediately. If medical professionals determine the symptoms to be caused by lead poisoning, there are two treatments available. Common for children, a perfected diet can sometimes eliminate the lead poisoning by balancing the amount of vitamins and minerals in the body. If this method does not work, Chelation Therapy may be added. Chelating agents are taken by the patient. These drugs draw minerals, such as lead, out of the blood stream and deposit them into the urine.

Lead Paint Litigation

In addressing the problem of lead poisoning, one must look to the root of the problem. Prior to 1978, lead paint was a legal product. As proven by numerous lawsuits, manufacturers cannot be held responsible because of this. For lead poisoning that occurs today, any number of parties may be held accountable. However, the original makers of the paint are not the one. The usual problem stems from landlords and remodelers. Renovation is costly. Landlords may knowingly hire contractors who are not properly trained to work with lead based paints causing it to be spread through the residence in some cases. Other times, the landlord or homeowner may hire a contractor who knowingly neglects the correct procedures. In cases where the owner renovates the home himself or herself and causes lead exposure, the manufactures cannot be held accountable.

Filing a Lead Paint Lawsuit

For those who live in a rented residence, laws are favorable for lawsuits. If after a medical assessment, lead poisoning is diagnosis, one’s residence must be examined. Landlords are required by law to pay for this. If they do not, one can contact their local government. The local government has 5 days to run tests on the home. If hazardous lead is found in the home, the landlord could be required to pay the victim and or victims family 3 times the monthly rent, in addition to fees to pay for temporary living accommodations while the lead hazards are taken care of. However, no matter what an legal professionals should be consulted to decide the best mode of action. Attorneys can help to find the best available doctor to document health problems related to or cause by lead poisoning. All paint testing and various paint compositions should be documented for use in court by one’s lawyer.

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