Lead-based paint is one of the most widespread and hazardous sources of lead exposure for young children in New York City. About 29 million housing units have lead-based paint hazards including those posed by deteriorating paint. About 2.6 million of these are homes to young children, or children the age of 6 or under.
Because lead paint is one of the most prevalent sources of lead exposure and lead poisoning, it was banned for residential use nationwide in 1978. Homes built in the United States prior to that year are likely to have some lead-based paint. When this paint peels or cracks, it creates lead paint chips and lead dust.
Why Child Lead Exposure is Harmful
Any surface covered with lead-based paint where the paint may wear by rubbing or friction is likely to cause lead dust. Such surfaces include windows, doors, floors, radiators, porches, stairways and cabinets, etc. Young children may be exposed to lead if they chew on surfaces with lead-based paint such as windowsills and door edges. They may also be exposed to the lead poisoning if they ingest flaking paint chips or eat/breathe in lead dust.
Exposure to lead can seriously harm a child’s health by causing damage to the brain and nervous system, slowing down growth and development, causing learning and behavioral problems as well as hearing and speech issues.
How Do You Know If You Have Lead in Your Home?
One way to prevent lead poisoning is to know whether you have lead contamination in your home. So, how do you know? One of the quickest and most cost-efficient ways to find out if your home has lead paint is to use a home test kit, which uses chemicals that change colors when lead is detected. These kits are available for purchase from hardware stores. One disadvantage is that they may deliver false negatives. Therefore, consumers would be well-advised to use a home test kit that has been cleared by the Environmental Protection Agency (EPA).
Another way to test for lead is to retain the services of an inspector who will use a portable X-ray fluorescence (XRF), which can measure lead in paint. An XRF can provide quick results. While it can only detect the presence of lead above a specific concentration, the technique is widely used because it delivers fast, accurate results without damaging the paint.
One more way to test your home for lead paint is to conduct a risk assessment where an inspector will track down spots where paint has begun to deteriorate and retrieve samples to test in a lab. You may want to use one or more of these methods to make sure you get the most accurate results possible.
New York 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 New York City Housing Authority (NYCHA) (the Projects) or private 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 fought hard and 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. 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.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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