Legal Remedies To Lead Exposure
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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 for damage or any exposure to lead poisoning of you or your child. The landlord would be considered by the law to be in negligence of lead-exposure laws.
Lead poisoning is described as a medical cause by raised levels of the lead metal in the blood. Lead poisoning can cause permanent brain damage as well as kidney disease, cardiovascular problems, and reproductive toxicity.
Some symptoms of lead poisoning are:
nausea
abdominal pain
insomnia
metal taste in the mouth
poor appetite
weight loss
anemia
In more severe cases, lead poisoning can also lead to seizures, comas, and death. In children, the symptoms of lead poisoning may present themselves within a child's cognitive ability. There has been a direct link made between lead exposure in children and learning disabilities. Behavioral problems can also present themselves in children who are exposed to lead.
Under the law, landlords who own apartment buildings must conform to precise requirements related to lead-based paint. Every three years, landlords are required to repaint every apartment that is occupied. They should also do a lead inspection of every apartment, especially if the apartment was built before 1960 and if a child who is under seven years old is living in the building.
An individual who owns a multi-complex housing unit is required to cover up the lead-based paint 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 paint 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 legally defined as a child under 18 years old, should consult with a lawyer who is experienced in handling lead poisoning cases. An experienced attorney will collect 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.
Lead poisoning can require invasive medical treatment and hospitalization in attempt to expel some of the lead from your child's blood. Even if hospitalization was not necessary for the treatment of your child's lead exposure, there is the chance that your child will develop developmental problems, and speech issues that may lead them to need special education classes.
Whether its compensation for special schooling costs, speech therapy, or hospital bills, if your child has been exposed to high levels of lead, you have the right to seek damages from your landlord.
Most states in the United States have provisions for the plaintiff in a case to collect monetary damages from lead poisoning diagnoses. 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.
