Lead Paint Poisoning

Lead Paint Poisoning

If you suspect that you or a loved one is experiencing lead paint poisoning, you need legal help. Don’t let landlords or insurance companies convince you that you are imagining things, or that you should settle for a small amount. Lead paint is extremely common in older homes and buildings, and many people are still dealing with the impacts of lead poisoning. 

At Rosenbaum and Rosenbaum, P.C., we have been helping injured New Yorkers for the last 40 years. We have obtained millions of dollars for our clients for a wide variety of injuries. We are a New York City firm through and through, located right on Wall Street. 

Don’t hesitate to contact us for a free consultation with a New York City lead paint poisoning lawyer.

How Rosenbaum & Rosenbaum, P.C. Can Help Me After Lead Paint Poisoning in New York City

New York City is famous for its architecture. However, many of the beautiful old buildings that grace its skyline are hiding a deadly secret: lead paint was widely used in its homes and apartments until it was banned in 1960. Nationwide, lead paint was used in most houses and apartment buildings built before 1978

Landlords and sellers of property will “lawyer up” the second lead paint is mentioned. Their lawyers will do everything they can to disprove that you were injured due to lead paint. That’s why you need your own experienced lawyers for your lead paint poisoning case in New York City.

Rosenbaum & Rosenbaum, P.C. is prepared to fight threatening defense lawyers and greedy insurance companies. We’ve recovered tens of millions for injured New Yorkers—meaning our reputation in the courtroom and the negotiating table precedes us. 

When you retain us to be your New York City personal injury attorneys, we will:

  • Provide award-winning legal support at every step of your case
  • Investigate your injuries and gather evidence before the landlord can fix the property
  • Work with medical experts to prove lead poisoning
  • Calculate the full value of your damages
  • Negotiate with insurance companies and defense attorneys
  • Take your case to court if defendants won’t play fair

Lead poisoning cases can be overwhelming. Don’t go it alone. Contact our New York City personal injury attorneys for a free consultation. 

How Common is Lead Paint Poisoning in New York City?

Lead-based paint was used in 3/4 of all homes and buildings in New York City painted before 1960. More than half of the city’s residential property was built prior to 1960. In 2019 alone, 3,050 children in NYC were reported to have elevated blood lead levels. Lead poisoning is a persistent problem that plagues children and adults in New York City. 

Old paint tends to peel and chip, which makes the risks of lead exposure increase. Sadly, renovations also greatly increase the risk of exposure to lead since repairs and paint chips can kick up the lead. Living in an old home can be very risky if your landlord hasn’t had inspections and professional lead paint abatement. 

What Are the Signs of Lead Paint Poisoning? 

The effects of lead paint poisoning are often devastating, especially when young children are exposed to lead. There are many signs of lead paint poisoning. 

A few of the common signs of childhood lead poisoning include:

  • Developmental problems
  • Learning disabilities
  • Low energy
  • Stomach pain
  • Throwing up
  • Constipation
  • Loss of hearing
  • Seizures
  • Eating things that aren’t food

Adults also are impacted by lead poisoning. Some of the common symptoms of lead poisoning in adults include: 

  • High blood pressure
  • Joint pain
  • Cognitive issues
  • Headaches
  • Stomach pain
  • Mood problems
  • Fertility problems for men
  • Pregnancy problems for women

If you are experiencing health problems that you suspect are tied to lead paint poisoning, seek medical help. After getting medical attention, contact us right away so we can begin fighting for justice for you. 

What Are the Laws on Lead Paint Disclosure?

Federal Law requires landlords or sellers of real estate to disclose any information they know about lead paint in the property to the prospective tenant or purchaser. A landlord or seller that fails to warn you may be liable for triple damages, and violating a safety statute can be strong evidence of negligence

Pursuant to Local Law One, landlords in New York City have a duty to inspect properties for lead paint and remove the lead paint if children live in or regularly visit the building. 

Even with these laws on the books. Lead poisoning prevention is still lacking.

How Much Can I Recover in Damages for My Lead Paint Poisoning Case?

Lead paint hazards present very complex problems that need to be evaluated by medical experts. Lead dust presents huge problems for public health.

Damages vary case by case, but personal injury victims may be entitled to:

  • Economic damages for financial losses, including medical bills, health care, and lost income
  • Non-economic damages for personal, non-financial losses, such as pain and suffering, emotional harm, and permanent disability. 
  • Punitive damages in rare cases where a defendant acted with wanton disregard for a injury victim’s safety

Rest assured, our New York City personal injury lawyers will calculate your damages to the last cent. If necessary, we’ll bring in medical and economic experts to help prove the extent of your losses. Then, we will pursue compensation for all your losses.

How Can I Prove the Landlord or Property Owner is At Fault For My Lead Paint Poisoning? 

Lead paint poisoning cases are typically brought as premises liability suits, a type of negligence. Negligence cases boil down to a key question: did the property owner or landlord take reasonable precautions to protect their residents? 

The four elements of a negligence suit are:

  • Duty 
  • Breach of the duty
  • Causation 
  • Damages

Premises liability suits assert that the landlord or property owner failed to use reasonable care to discover and prevent dangerous conditions on their property. For lead paint poisoning, a premises liability lawsuit would argue that the landlord failed to take reasonable steps to safeguard tenants from the dangerous condition, and this caused injuries.

Landlords may also be found to have failed in their duty of reasonable care to protect residents from unreasonable danger if they fail to take precautions against chipping, pealing, flaking lead paint, or removing it for the safety of residents. 

Rosenbaum & Rosenbaum, P.C. has the resources needed to build a strong case against landlords who failed to protect tenants from dangerous lead paint.

How Long Do I Have to File a Lead Paint Poisoning Case in NYC?

Statutes of limitations bar you from recovering damages if you wait too long to file a lawsuit. 

Typically a personal injury case in New York must be filed within three years. However, under New York law there is an exception for children that suffered an injury. 

This exception may toll time limits, that is, give you an extension to sue. Don’t wait any longer to contact an attorney to find out if the childhood extension applies to you. 

Contact our New York City Lead Paint Poisoning Lawyers

Want to discuss lead paint poisoning in New York City? Our experienced legal team is ready to fight for you against irresponsible landlords. Contact our New York City lead paint poisoning lawyers today for your free consultation.