Brooklyn Lead Paint Injury

For years a wide variety of products were made with lead paint. Toys, jewelry, ceramics, and even baby cribs were coated with lead-based paint. The paint contained lead because it helped the paint dry quicker and last longer. It was not until 1978 that the government realized the dangers of lead exposure outweighed any benefits and banned the use of lead paint within the United States. Lead poisoning occurs when the dangerous substances accumulates in the paint accumulate in the body. It only takes the ingestion of a small lead-based paint chip to cause serious injury to a child. Lead paint exposure can result in serious medical problems, such as kidney damage, mental impairment, memory loss, psychological disorders, learning disabilities, hearing loss, seizures, brain damage and stunted growth. These medical problems can cause permanent impairment and result in extensive medical bills. If you or a loved one has suffered lead paint poisoning you may be entitled to compensation based on a product liability claim. If you were exposed to lead at work, you may be entitled to worker’s compensation benefits. Thus, if you are in need of a personal injury lawyer because you are concerned that you or your children have been injured from exposure to lead paint, it is important that you immediately contact an experienced Brooklyn personal injury lawyer who will explain to you your options for pursuing compensation for the injuries you suffered.

The danger of lead paint

Unfortunately, children under 6 years old are the most at risk for lead poisoning because their bodies are still developing. Lead exposure can result in damage to organs and cause learning and developmental problems. They are difficult to identify initially because there may not be immediate, prominent symptoms. High level lead poisoning, however, does cause dramatic symptoms such as deafness, convulsions, coma, brain injury and death. Low level exposures cause lower intellect, ADHD and ADD, academic underachievement, and even criminal behavior. In adults, lead poisoning symptoms include fertility problems, difficult pregnancies, nerve disorders, loss of memory, inability to concentrate, muscle and joint pain and high blood pressure.

In 1992, the federal government passed the Residential Lead-Based Paint Hazard Reduction Act to address lead paint exposure. This law requires that anyone renting, buying or remodeling a home built before 1978 must receive a pamphlet called “Protect your Family from Lead in Your Home.” Tenants as well as landlords are also required to sign a disclosure form that must be kept by the property owner for a minimum of 3 years. Landlords that do not comply with this law could face a $10,000 fine for each violation. If tenants are experiencing the affects of lead paint exposure and the landlord has refused to repaint, the landlord can be held liable for negligence.

New York law requires landlords and apartment owners to test and remove lead paint when children are present. Landlords are required to send an annual questionnaire to determine the ages of their tenants. If there is an occupant under 6 years of age they are required to remove the paint by a qualified professional.

Pursuing damages

If you believe you or a loved one are suffering medical problems due to exposure to lead paint, you may be entitled to compensation. Depending on the facts of your case, the type of compensation to which you may be entitled includes expenses related to medical expenses, lost wages and pain and suffering. Medical expenses include your past and future medical expenses that are related to treatment for your injuries such as emergency room treatment, hospital stay, doctors' fees, medication, rehabilitative services, and assistive technology. In addition, you may be entitled to lost wages. This means that you may receive damages for the wages you lost while recovering, as well as for compensation for loss of earning potential if as a result of your injuries you are unable to earn as much as you would had you not been injured. In addition, you may be able to collect damages for pain and suffering. Compensation for pain and suffering is reserved for those injuries that are severe enough to cause the victim extreme physical pain, or that cause the victim to suffer psychologically and emotionally.

Contact the Law Offices of Stephen Bilkis & Associates

If you suspect that you or your loved ones have 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 1-800-NY-NY-LAW (1-800-696-9529) 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.

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