Two state legislators have proposed a bill that would prohibit insurance companies from exempting lead poisoning claims from policies covering property owners, a move they hope will incentivize the industry to do something about lead hazards in the properties they insure. According to the Albany Times-Union, those exemptions are the result of a decades-old policy that allowed New York insurers to leave landlords (building owners) on the hook for lawsuits brought by children who suffered lead poisoning as a result of lead paint on properties.
Justice for Victims Who Have Been Harmed
The legislation, championed by State Senator Sean Ryan and Assemblyman Jonathan Rivera, both Democrats from Buffalo, want to get rid of that policy and give children injured by lead poisoning a better shot at getting compensation from insurers. In addition to getting coverage for children already harmed, the lawmakers argue that the change will force the industry to proactively get property owners they work with to repair lead hazards in their units.
Ryan said that if the insurers began to cover lead poisoning, they would also start offering inspections and inspection premium reductions. He said insurance companies have been able to skirt this problem they have known has existed for decades, only because the state has given them permission to do so. While this legislation has failed several times, both lawmakers believe that a shift in leadership in the State Insurance Committee gives the bill better odds of passing, the Times-Union reports.
How Lead Paint Affects Young Children
Lead paint is extremely dangerous, especially for young children. Before it was banned in residential housing in 1978, lead-based paint was commonly used in homes across the United States. Even today, many older homes in New York City still have layers of lead paint beneath newer coats. When this paint chips, peels, or turns into dust, children can easily inhale or ingest it.
Young children are especially vulnerable because their bodies are still developing and they are more likely to put their hands or objects into their mouths. Lead exposure can cause serious health issues including developmental delays, learning disabilities, attention problems and behavioral disorders. In more severe cases, it can lead to slowed growth, hearing problems, anemia and even irreversible brain damage.
Even small amounts of lead can have a lasting impact. There is no safe level of lead exposure for children. Because lead poisoning often has no obvious symptoms at first, it can go unnoticed until significant damage has already occurred. That’s why regular testing and preventive measures such as safely removing or sealing old paint, are critical for protecting children’s health and development.
Lead Laws in New York City
New York City enforces stringent lead paint regulations to safeguard residents, particularly young children, from lead poisoning. Local Law 1 of 2004 mandates owners of buildings constructed before 1960 — or between 1960 and 1978 if lead-based paint is known — to annually inspect apartments housing children under 6 for lead hazards and promptly address any issues using certified professionals and safe work practices.
Local Law 31 of 2020 further strengthens these protections by requiring EPA-certified inspectors to conduct X-Ray Fluorescence (XRF) lead inspections in all tenant-occupied units and common areas of applicable buildings. These inspections must be completed by August 9, 2025, or within one year if a child under 6 resides in the unit.
New York Lead Poisoning Lawyer
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (NYCHA) (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 law 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.
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 cases 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.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.timesunion.com/capitol/article/bill-aims-end-lead-poisoning-exemptions-new-york-20294491.php