By law, landlords are supposed to make sure that their rental homes are free of lead and safe for the tenant to live in. If your landlord is not properly maintaining the apartment you live in and making sure that it is free of lead paint, that same landlord is liable to damage or any exposure to lead poisoning by you or your child. The Landlord would be considered by the law to be in negligence of lead based laws.

Under the law, landlords, who own the apartment buildings must conform to precise requirements as it relates to lead-based paint. Every three years, landlords are required to repaint every apartment that is occupied. They should do a lead-based inspection of every apartment as long as the apartment was built before 1960 and if child who is under seven year old is living in the building.

An individual who owns a multi complex housing unit is required to cover up the lead based pain inside the home’s interior walls, doors, windows, ceilings and moldings as long as a child under six years old lives there. Any discovery of peeling pain in any multiple units that were built before 1960 is considered by the law to be in violation of the health code.

Parents who are filing a lawsuit on behalf of an infant, who is a child under 18 years old, should be given to a lawyer who is experienced in handling lead poisoning cases. Legal remedies by an experienced attorney will include collecting all documents relating to the history and maintenance of the building as well as the records of all inspections done over the years. This will help the attorney to evaluate the information to see if there is a viable case to pursue.

A child who is suspected of lead poisoning should be taken to see a health care professional. These records should be provided by the health care professional in the event that there is a legal case against the apartment owner. The attorney will need all this information to proceed with the case.

Most States in the United States have provisions by the law for the plaintiff in a case to collect monetary damages from lead poisoning damage. Awards for damage include any pain and suffering, expenses incurred, attorney fees, future salary loss and special education. Damages can extend into the millions of dollars.