The parents of children who were exposed to lead and suffered from the effects of lead poisoning may qualify to file a lawsuit and pursue financial compensation with the help of our experienced lead poisoning lawyers.
Lead poisoning lawsuits allege that landlords and property owners didn’t take necessary precautions in order to prevent childhood lead exposure.
Lead Poisoning Lawsuit: Key Takeaways
- Parents whose children have been harmed by toxic lead exposure may qualify to file lawsuits against landlords and property owners.
- Qualifying injuries include developmental delays, cognitive and behavioral problems, delayed growth, delayed puberty and organ damage.
- Lawsuits seek to recover compensation for medical expenses, lost wages, pain, suffering, educational support and more.
- California’s statute of limitations typically gives lead poisoning victims two years from the date they discovered they were injured by lead, or two years from the date they turn 18, whichever comes later, to file a lawsuit.
Lead poisoning is one of the most preventable toxic exposure injuries in the United States. However, unfortunately, lead poisoning occurs far too often, as lead is still widespread in California’s older housing stock.
About 34.6 million homes in the U.S. contain lead-based paint, according to the Environmental Protection Agency (EPA).
The EPA requires landlords to disclose and remediate known hazards before tenants sign leases.
Call our experienced hazardous exposure lawyers today for a FREE consultation at (800) 718-4658 or contact us if your child was exposed to lead and suffered from the effects of lead poisoning. We will charge you no fee until we win your case.
Why Clients Trust Nadrich Accident Injury Lawyers
- Many lead paint exposure law firms accept as many cases as they can without bothering to think about if they have enough staff to handle them. However, our responsive legal team is fully staffed so we can provide toxic lead paint clients with reliable communication, 24/7 availability and frequent case updates.
- We have been trusted since 1990 to successfully recover financial compensation for hazardous exposure clients such as mesothelioma clients and those exposed to lead particles.
- Our lawyers provide free consultations to lead paint poisoning clients and will charge you no legal fee until we win, since our only fee is a percentage of any compensation we recover for our lead contamination clients.
- Our high-stakes litigation team has the experience handling valuable cases involving exposure to lead and comprehensive resources to take on any defendant and win.
- While a lot of lead poisoning lawyers are all too willing to settle cheaply for a quick buck, our trial-ready representation is willing and ready to fight for you in court if the other side isn’t willing to offer a fair settlement.
- We and our legal teams have recovered over $750 million for lead poisoning victims and other injury victims.
Past results do not guarantee future outcomes. All cases are unique and results depend on cases’ specific facts.
Call us today for a FREE consultation at (800) 718-4658.
Table of Contents
- What Is Lead Poisoning?
- What Are Common Sources of Lead Exposure?
- Do I Qualify for a Lead Poisoning Lawsuit?
- Who Is Most at Risk of Lead Poisoning?
- Symptoms of Lead Poisoning in Children and Adults
- Who Is Liable for Lead Poisoning?
- What Is My Lead Poisoning Lawsuit Worth?
- How Long Do I Have to File a Lead Poisoning Lawsuit in California?
- FAQs
- Contact Our Lead Poisoning Lawyers Today
What Is Lead Poisoning?
Lead poisoning occurs when lead accumulates in the body through prolonged or acute exposure.
It damages the brain, kidneys, blood cells and nervous system.
The severity of harm depends on the level of exposure and how long it went undetected before treatment.
Exposure to lead sources such as lead paint chips and lead paint dust is particularly dangerous for children under the age of six since their brains are still developing.
The EPA banned lead-based paint in residential properties in 1978. However, millions of pre-ban homes in California still contain it today.
According to the Department of Housing and Urban Development, 34.6 million homes, or almost 30 percent of all units in the United States, have lead-based paint that was applied before the ban.
Lead is classified as one of the most preventable environmental health hazards. However, it continues to harm thousands of children and adults each year.
What Are Common Sources of Lead Exposure?
Lead exposure may occur from lead-based paint. This was banned in the United States in 1978. However, it still exists in many homes which were built before that time. Deteriorating lead-based paint in homes, schools and buildings is the most widespread source of exposure.
Lead-contaminated dust is created when old paint chips, flakes or is disturbed during renovation or repairs.
Lead can contaminate soil near exterior walls or older painted structures where paint chips have accumulated over decades.
Old plumbing pipes and fixtures can leach lead directly into household drinking water.
Contaminated drinking water can be a significant source of lead exposure, especially in communities with aging infrastructure, like Flint, Michigan, where solder and lead pipes have contributed to high water supply lead levels.
Do I Qualify for a Lead Poisoning Lawsuit?
You may qualify to file a lead poisoning lawsuit if your child was exposed to lead then suffered any of the following side effects:
- Developmental delays
- Cognitive or behavioral problems
- Delayed growth
- Delayed puberty
- Poor academic performance
- Organ damage
- Seizures and encephalopathy
- Hearing loss
You do not need to have filed a formal complaint or reported the hazard at the time of exposure to qualify.
The process of pursuing a lead poisoning claim usually involves consulting a qualified attorney, collecting medical evidence of lead exposure, and could require filing a lawsuit in court if a settlement can’t be reached.
Contact us for a free case evaluation if your child was harmed by lead exposure.
Who Is Most at Risk of Lead Poisoning?
Children absorb lead at a rate which is five to ten times higher than adults. This makes them more vulnerable to lead exposure’s harmful effects. Lead exposure may cause serious health problems in children, including attention-deficit disorder (ADHD), cognitive damage, learning disabilities, and even death.
Children under the age of six face the greatest risk due to hand-to-mouth behavior and a faster rate of lead absorption in their developing bodies.
Even low levels of lead exposure are associated with developmental effects in children, according to the Centers for Disease Control and Prevention.
Tenants in rental housing built before 1978 may be at risk, especially those in lower-income neighborhoods with older and more poorly-maintained properties.
Families in neighborhoods where renovation activity disturbs decades-old lead paint layers may be at risk.
Residents of properties with landlords who fail to comply with EPA lead disclosure and remediation requirements may be at risk.
Symptoms of Lead Poisoning in Children
The symptoms of lead poisoning are often difficult to detect early because low-level exposure can fail to immediately produce obvious signs.
Children with lead poisoning commonly exhibit symptoms like delays in normal development, including learning to speak and sit up, in addition to behavioral problems like hyperactivity and aggressiveness. Additional common symptoms of lead poisoning in children can include lack of appetite, learning difficulties, sleeplessness, trouble concentrating, delayed reaction times, loss of ability to pay attention, anemia, hearing issues, speech problems, fatigue, sluggishness and impaired metabolism of Vitamin D.
Lead poisoning may cause cognitive deficits which affect many aspects of a child’s learning abilities. This often results in a decline in academic achievement as well as an inability to complete high school.
The long-term effects in children can include lower IQ scores, ADHD, learning disabilities and reduced earning capacity into adulthood.
Blood testing is the only way to confirm lead poisoning. Parents who suspect exposure should request a test from their child’s doctor immediately.
Who Is Liable for Lead Poisoning?
In cases of lead poisoning, lawsuits may be filed against landlords and property owners who didn’t take necessary precautions in order to prevent lead exposure, often citing breach of warranty and negligence. An attorney must prove both that the defendant caused the lead hazard as well as that the lead caused specific injuries. Attorneys establish liability by proving that a defendant knew about a lead hazard but failed to act.
Rental home landlords who didn’t disclose the possible presence of lead in paint or pipes can be held liable in lawsuits.
Landlords can be held directly liable for injuries and damages when they fail to disclose or remediate known lead hazards.
Property sellers are similarly required to notify buyers of known lead-based paint hazards before closing a sale.
Legal claims regarding lead poisoning might involve counts of negligence and breach of the implied warranty of habitability, especially against landlords.
Determining the liable party often requires a thorough investigation by an experienced lead paint poisoning lawyer.
What Is My Lead Poisoning Lawsuit Worth?
The value of your case will vary depending on the degree of harm, the age of the victim and the level of negligence involved.
Children with documented cognitive and developmental harm typically have more valuable claims given the long-term impact on their education and lifetime earning potential.
Attorneys must understand the long-term physical and neuro-developmental impacts of lead on children in order to value claims accurately. Life care planners and economists are required to accurately calculate some damages, including lifelong medical bills and costs of special education. Our law firm has the knowledge, experience and resources necessary to calculate these damages.
Many lead poisoning cases end up settling out of court. An attorney ensures the settlement amount will cover future medical care, emotional distress and lost earning potential.
Our law firm can help you recover financial compensation for:
Medical Expenses
We can help you recover financial compensation for all medical bills related to your child’s lead poisoning. This includes compensation for the costs of blood testing, treatment, chelation therapy, ER visits, doctor visits, hospital stays, medications, medical testing and more.
Educational Expenses
Our firm can help you recover compensation for any special education or tutoring expenses made necessary by your child’s lead poisoning.
Lost Wages
We can help you recover compensation for the wages you’re unable to earn if you have to reduce your work hours to provide care for your child due to their lead poisoning.
Pain and Suffering
Our firm can help you recover compensation for the physical pain, mental suffering, emotional distress and lost quality of life your child has endured due to their lead poisoning.
Wrongful Death
Our experienced wrongful death lawyers can help the families of those who have died due to lead poisoning recover compensation for:
- Funeral and burial costs
- The medical expenses their loved one incurred before passing
- The pain and suffering their loved one endured before passing
- The loss of their loved one’s love, companionship, benefits, gifts, financial support, household services and future income
- Pain, suffering and emotional distress
- Lost enjoyment of life
How Long Do I Have to File a Lead Poisoning Lawsuit in California?
You have until two years from the date you discovered your child was injured by lead, or two years from the date your child turns 18, whichever comes later, to file a lead poisoning lawsuit on behalf of your child.
The strict statutes of limitations which apply to lead claims require timely action to gather evidence and medical records. It’s important to act quickly since physical evidence, landlord records and inspection reports can be lost or destroyed over time.
Contact a lead poisoning attorney at our firm as soon as possible to preserve your right to compensation if your child was harmed by lead exposure.
FAQs
How Do I Know If My Child Has Lead Poisoning?
The only way to confirm lead poisoning is through a blood lead level test ordered by a doctor.
Early signs can include behavioral changes, learning difficulties and loss of appetite. However, many children show no symptoms at all.
If you suspect that your child could be a victim of lead poisoning, it is vital to consult with a qualified lead poisoning attorney who can review your case and determine if medical evidence exists of elevated lead levels as well as how the exposure occurred.
It is important to quickly act in lead poisoning cases. There are statutes of limitations which could affect your ability to file a claim for damages which are related to lead exposure.
Can I Sue My Landlord for Lead Poisoning?
Yes. Landlords who fail to disclose known lead hazards or maintain lead-safe conditions in pre-1978 housing can be held liable under EPA regulations.
You may have grounds for a lawsuit if your landlord violated disclosure requirements and your family suffered harm as a result.
Many lead poisoning claims are pursued against property owners or landlords who fail to address lead hazards. Legal action might be necessary to secure compensation for those affected.
Liability for lead poisoning is often pursued against landlords who fail to remove lead paint or additional hazardous materials which cause children to ingest lead. Tenants can sue their landlords for failing to disclose known lead paint in homes which were built before 1978 or neglecting to fix lead dust and peeling paint.
How Do I Sue My Landlord for Lead Poisoning?
To sue your landlord for lead poisoning, you need to prove:
- Your landlord knew or should have known about the lead hazard
- Your landlord failed to remediate or disclose the lead hazard
- This negligence caused harm
Key steps include:
- Obtaining medical reports showing elevated blood-lead levels
- Documenting hazards such as peeling paint or lead pipes
- Testing for lead
- Consulting with a personal injury lawyer
Call us today for a free consultation if your child developed lead poisoning and it is the fault of your landlord.
Our law firm will handle every aspect of your case for you so you can focus on your child’s recovery and well-being.
What Evidence Do I Need for a Lead Poisoning Claim?
Key evidence in lead poisoning cases includes:
- Blood lead level test results
- Medical records
- Documentation showing the age and condition of the property
- Expert testimony
- Lead testing/inspection reports
- Landlord/property records
- Local health department records
Photographs of deteriorating or peeling paint and written communications with landlords about hazards can strengthen claims.
Collecting evidence involves coordination with professional lead testers and certified hygienists to identify the exposure source.
Certified Industrial Hygienists are vital for proper testing of paint, dust or water samples without compromising a legal chain of custody.
Lawyers work along with neuropsychologists and toxicologists to link blood lead levels with specific physical or cognitive injuries.
A lead poisoning lawsuit is more complex than a typical premises liability case since the effects of lead poisoning often manifest years following the initial exposure. This makes it difficult to establish direct links between exposure and harm.
Legal representation is crucial regarding lead poisoning cases. The process can be complicated and could require extensive documentation, including expert consultations and medical records, to establish a claim.
When choosing an attorney for a lead poisoning case, prioritize proven trial experience in environmental litigation and toxic torts.
The lead poisoning attorneys at our firm can help you gather all evidence needed. We can gather certified inspection reports and confirm whether required EPA disclosures were ever provided.
Does California Require Landlords to Test for Lead?
California does not require landlords to proactively test for lead. However, landlords are required to disclose any known lead-based paint hazards in pre-1978 properties.
Is Lead Poisoning Reversible?
The damage done by lead poisoning, especially neurological harm in children, is generally considered to be irreversible.
Medical treatments such as chelation therapy can reduce levels of lead in the blood in order to prevent further harm. However, treatments cannot reverse damage already done to organs such as the brain.
Early identification and prevention are vital to limiting long-term effects.
Can You Die from Lead Poisoning?
Yes. Lead poisoning may be fatal at very high levels. Fatal lead poisoning is uncommon in the United States, but severe exposure can cause life-threatening complications.
Lead poisoning can cause severe health issues such as seizures, kidney failure, brain damage, coma and death. Children under the age of six are the most vulnerable.
How Much Does a Lead Poisoning Lawyer Cost?
Most lead poisoning attorneys operate on a contingency fee basis. This means they take a percentage of the final payout.
Ensure your attorney specializes in toxic torts, premises liability or environmental law specifically involving lead exposure.
Our lawyers have been handling toxic tort, premises liability and environmental law cases since 1990 and will charge you no legal fee until we win your case.
Contact Our Lead Poisoning Lawyers Today
Call us today for a FREE consultation at (800) 718-4658 or contact us if your child was exposed to lead and suffered lead poisoning. We will charge you no fee until we win your case.
