Will Homeowners Insurance Pay for Lead Poisoning Injury?

Injury caused by the presence of lead paint in your home or apartment may or may not be covered by your homeowner’s insurance. Depending on the insurance contract and the type of injury, a homeowner may find that injuries befalling him or other dwellers in the space may fall outside the jurisdiction of his property insurance coverage.

The Homeowner’s Choice

While most mortgage companies require homeowners to possess property insurance of some sort, there are no requirements that the homeowner purchase specific types of coverage. Therefore, a homeowner could choose to exclude or include lead paint injuries from his policy coverage. This could be the determining factor in whether the insurance company will cover lead paint injuries.

Constructed Before 1978

If an insurance company willingly elects to provide coverage for a property built prior to 1978, the company may be on the hook for paying for lead paint injuries. Many properties built prior to 1978 used lead based paints in their construction. As this is a well-known fact, many state laws and courts are unwilling to allow insurance companies to avoid responsibility for lead-based paint injuries. Note, however, that this responsibility is neither uniform nor guaranteed.

Homeowner’s Negligence

Even if an insurance company will be responsible for lead-based paint injuries under the insurance contract, it may still be able to avoid liability if the homeowner acted negligently or willfully in not working to prevent injury. Examples of negligence include failing to remove the paint in a safe way or at all so that individuals were exposed to the toxins, despite knowing about the lead and being informed that it must be removed. Insurance companies will not be responsible for injuries resulting from the homeowner’s failure to make the premises safe.

Getting Legal Help

If you are involved in a dispute about lead-based paint injuries and are wondering whether an insurance company can be made to pay for the injuries, seek legal assistance. A lawyer will review the facts of your case and the laws in your area and discuss the potential for insurance responsibility.

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