If your child has suffered lead poisoning from exposure to lead paint or water flowing through lead pipes, you can seek compensation from the responsible parties. In this situation, you may be wondering if you can hold a property owner or manager accountable for failing to ensure your safety by removing lead based paint or other lead contamination from your home.
The Risk That Lead Poses to Children
According to the World Health Organization (WHO), lead exposure can have serious consequences for children’s health. At high levels of exposure, lead attacks the brain and central nervous system. Children who survive severe lead poisoning may be left with mental retardation and behavioral disorders. Even as lower levels of exposure that produce no significant symptoms, we now know that lead can produce a spectrum of injury across multiple body systems.
In particular, lead can affect children’s brain development resulting in reduced intelligence quotient or IQ, behavioral changes such as decreased attention span and increased anti-social behavior, and reduced academic achievement. Lead exposure can also cause anemia, hypertension, kidney problems and toxicity to the immune system and reproductive organs. The neurological and behavioral effects of lead poisoning are believed to be irreversible.
There is no known blood lead concentration that is considered “safe.” We know now that even blood lead concentrations previously considered low are associated with decreased intelligence in children, behavioral issues and learning difficulties. As lead exposure increases, the range and severity of symptoms also increases.
How Can You Pursue a Lead Poisoning Lawsuit?
If you suspect that your child’s illness is linked to lead poisoning, it is important that you identify the source of contamination. Whether you live in private housing or public housing or “the Projects” operated by the New York City Housing Authority (NYCHA), there is a strong likelihood that you may have lead paint in your home. If your child has been diagnosed with lead poisoning, it is important that you contact an experienced New York City lead poisoning lawyer right away.
Your attorney will review the facts and evidence as well as your child’s medical records to determine who can be held responsible. Your lawyer will also be able to calculate the time you have left to file the lawsuit before the statute of limitations expires.
New York City requires landlords to take regular steps to monitor and remove lead-based paint in their buildings. Property owners/managers are required to investigate lead paint hazards before turning over a unit to a new tenant. If hazards are identified, the landlord (building owner) must conduct repairs using safe lead removal practices with trained lead removal workers. Property owners/managers are also required to confirm with new tenants if a child the age of 6 or under will reside in the unit and issue a notice that documents the owner’s responsibilities to identify and remove lead paint. When a landlord fails to remedy lead paint issues or does not properly inform tenants about lead paint hazards, they may be held liable.
NYC Lead Poisoning Lawyer
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (the Projects), please remember that you have legal rights. If your child has been diagnosed with high blood lead levels, regardless of whether you live in public or private housing, you may be able to file a personal injury lawsuit against the NYCHA (the Projects) or private landlords (building owners and building managers) for damages. Those who have been affected can seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, lost income and benefits, disabilities, past and future pain and suffering, etc.
If your child has been affected by lead poisoning, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our firm recovered $1,162,500 for a child who suffered lead poisoning from paint in her apartment. The child’s injuries were subtle and difficult to recognize. We recovered $162,500 above the $1 million dollar total insurance policy in this case. Despite the judge’s efforts to settle the case for $950,000, we fought hard and recovered $162,500 more than the insurance policy of one million dollars. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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