Filing A Lawsuit Over Lead Paint In Your Home

Lead paint is no longer used, but if you have an older home, you might be at risk of having it in your home. Lead paint was an additive often used in paint before the late 1970s, but has since been banned due to the health complications it was causing children and adults. If your home was built before the late 1970s, you may have lead paint in your home and should be very careful with home renovations.

Where does most lead exposure come from?

In terms of lead exposure, most of it comes from dust and paint chips. Prior to lead being banned, it was used in more than just paint. You could find it in pottery, water pipes, gasoline, paint, and solder. Nowadays, older homes have it mostly in the paint and dust, though you may also have the risk of finding it in your soil or drinking water. There is not an immediate hazard to having lead paint chips inside your home, unless it is inhaled or ingested. However, you still need to be aware of your risks and how to dispose of it properly.

Who is most at risk?

Not surprisingly, young children are most at risk when there is lead paint in the home. This is due to several reasons. First of all, babies and children are more susceptible to ingestion of lead paint and paint dust because they will crawl on the floor, put any type of object in their mouth, and lick their hands often. If they find paint chips, they may pick them up and eat them. If you have young children in your home and think you have lead paint, you should contact a legal professional to find out if this is a reason to start a lawsuit against the homeowner or the seller.

Who is at fault for illness caused by lead paint?

This is where it gets tricky. If you are a victim of lead paint ingestion, there are a few different situation where you can file a lawsuit. The first is if the homeowner rented their home to you, knowing there was lead paint, and did not warn you beforehand. It is their responsibility to provide you with a safe and healthy home, and by not disclosing that information, they could be sued for any illnesses you suffered. You may also be able to sue for paint that was sold to you and had lead in it, but you did not find that out until later.

Contact a personal injury attorney (like those at the Salerno Terrence Law Office) if you feel that you or your family members have come in contact with lead in your home.