Lead used to be added as a component to paint to give the coat a durable sheen
and to help reduce the maintenance interval. If your home was built prior to 1978, it is highly likely to have lead-based paint. 1978 was the year when the federal government banned consumer use of lead-based paint. But, some states and cities banned lead paint much earlier than that.
In 1960, New York City prohibited the sale of paint with high levels of lead for residential use. New York State imposed a statewide ban a decade later, in 1970. However, a vast majority of older painted buildings contain some paint with lead levels higher than what these bans allow.
This is true of apartment buildings owned and operated by the New York City Housing Authority (NYCHA) or the Projects as well as numerous buildings owned by private landlords (building owners). Lead paint testing has been prevalent in New York especially after the U.S. attorney general announced the results of a federal investigation in 2018 that found more than 1,160 children living in NYCHA buildings had suffered lead poisoning over the past decade.
Three important reasons to test your home for lead paint
1. Lead paint exposure is the most common cause of lead poisoning.
Lead poisoning has the potential to cause serious health effects among young children. It can lead to a range of problems including irreversible brain damage, affect motor skills, cause behavioral issues and learning disabilities. According to the U.S. Environmental Protection Agency (EPA), most cases of lead poisoning are the result of living in a home where the surfaces are coated with lead paint.
When the paint begins to peel, chip or flake, toxic dust is released into the air. Just inhaling this dust can cause lead build-up in the body. Lead dust is completely odorless and invisible. So, you may inhale it constantly without even knowing it. When lead paint begins to flake, the paint can release dust that is extremely toxic.
2. Young children are at an increased risk.
Lead paint is particularly harmful to children, especially young children the age of 6 or under. Their developing bodies may absorb more lead and the consequences can be damaging to their health. The Centers for Disease Control and Prevention has said that there is no allowable or safe amount of lead when it comes to children. Common symptoms of lead exposure for children may include inability to pay attention or stay focused, behavioral problems, headaches, problems sleeping and learning disabilities. The damage caused by lead is often permanent. If you have children living at home or visiting your home frequently, it is important to have lead paint testing done.
3. Homes with lead paint are common in New York City.
Lead-based paint was very commonly used in older homes in the city. However, most people don’t know the risk of moving into a home with lead paint. What many tenants and renters don’t know is that painters still continued to use lead-based paint after it was prohibited in 1978. Lead paint can be found in homes built as late as the 1990s. So it is recommended that you test for lead contamination even if your house is newer.
Contacting a 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 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 and/or medical malpractice 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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