Bronx Lead Paint Injury
Even though lead paint was removed from the market over 50 years ago, it is estimated that over 50% of children living in U.S. cities are exposed to lead. Lead paint is quite dangerous. Exposure can cause a brain injury, convulsions, and lead to a coma. Lead poisoning can even lead to hearing loss. The Centers of Disease Control has named lead in paint to be the most prevalent source of lead exposure for children. Children often swallow chips of peeling paint, or inhale dust containing lead. While Congress banned lead paint in 1978, the ban only applied to newly manufactured paint. It does not address the lead paint that remains on houses and walls to this day. If you or a loved one has experienced a lead paint injury due to the negligence of another person, it is important that you immediately contact an experienced Bronx lead paint injury lawyer who will explain to you your options for pursuing compensation for the injuries you suffered.Dangers of lead paint
Sadly children who are under 6-years old are the most susceptible to the effects of lead paint poisoning because their bodies are still developing. Exposure to lead can lead both organ damage and developmental issues. The list of problems associated with exposure to lead paint includes:
- Academic underachievement
- High blood pressure
- Joint pain
- Brain injury
- ADHD and ADD
- Fertility problems and difficult pregnancies
- Nerve disorders
- Loss of memory and concentration
- Muscle pain
In 1992, the federal government enacted the Residential Lead-Based Paint Hazard Reduction Act to address lead paint exposure. This law requires that renters, buyers and remodelers receive a document called "Protect your Family from Lead in Your Home." Both tenants and landlords are required to sign a lead paint related disclosure form that must be kept by the property owner for a minimum of 3 years. Landlords who fail to do so could be fined $10,000 fine for each violation.
New York state also has specific requirements related to lead paint.
- Landlords and apartment owners must test for and remove lead paint when children are present
- Landlords must send an annual questionnaire to determine the ages of their tenants
- If there is an occupant under 6 years of age landlords are required to remove the paint by a qualified professional.
Peggy Juarez lived with her mother, Noemi Juarez, in an apartment that had lead paint. In the apartment there were a lot of paint chips peeling from the ceiling, windows, pipes and radiators. There were several incidents where Noemi was observed eating the paint chips. Noemi sought medical help for Peggy after Peggy complained of stomach pain and demonstrated behavioral problems. Peggy was diagnosed with having lead poisoning and was admitted to the hospital where she remained for a week. She also received outpatient treatment. As a result of the lead poisoning Peggy suffered cognitive deficits. Juarez by Juarez v. Wavecrest Management Team Ltd., 627 N.Y.S.2d 620, (N. Y. A. D. 1 Dept., 1995)Pursuing damages
If you believe you or your children suffer from developmental delays, fertility problems or other medical problems due to exposure to lead paint, you may be entitled to compensation from your landlord or building owner. Through a personal injury lawsuit you may be awarded the following damages:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
If you suspect that you or a family member has been exposed to lead paint, contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our staff is experienced in handling claims from people with lead paint injuries as well as claims from those who were injured in auto accidents, slip and fall claims, and other types of accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.