New York City Lead Paint Injury
Having represented victims in personal injury lawsuits for over 2 decades, the New York City lead paint injury lawyers at the Law Offices of Stephen Bilkis & Associates have firsthand knowledge of the challenges faced by victims seriously injured because of another person’s negligence. Lead paint injuries are particularly insidious as they can cause irreversible brain damage and developmental delays. Nearly a century ago it was determined that lead paint is dangerous. Years after this discovery lead paint use was banned in the United States. Because of the dangers associated with lead paint, not only is it against the law to use it, there are strict rules related to safely removing lead paint. If you believe that exposure to lead paint has caused you or a loved one to experience health problems, we are here to listen to you and help protect your legal rights.Causes of lead paint exposure
Victims of lead paint poisoning are typically exposed to lead paint in one of the following ways:
- Paint chips: In older buildings that were painted with lead paint decades ago, remnants of chipping paint ends up on the floor and window sills. Children sometimes eat these paint chips. New York law requires that landlords take steps to ensure that children are not exposed to lead paint.
- Lead paint removal. Because lead paint is so toxic, there are rules that must be followed related to how to safely remove lead paint. Failure to follow these rules can lead to exposure to airborne lead paint dust.
- Construction and demolition. If a building that has lead paint is renovated or demolished, lead paint dust will become airborne. Workers who perform renovation or demolition on structures that have lead paint are required to be certified in lead paint removal in order that they take appropriate precautions to avoid exposure.
As lead paint injury attorneys representing clients in New York City, we know that lead paint exposure can cause developmental delays in children. We also know that it can also a number of other health problems in children and adults including abdominal pain, joint pain, nausea, constipation, fatigue and low birth weight.Liability for lead pain injuries
New York allows victims of lead paint poisoning to hold the person responsible for the exposure to lead paint accountable for the injuries and other losses suffered. However, in order to pursue a personal injury claim, you must have evidence of the four requirements of a negligence claim: duty of care, breach, causation and damages.
Duty. With any personal injury case, the victim must first show that the defendant had a duty of care. This means that the person whose actions injured you had a duty to keep the you safe. For example, New York law requires that landlords refrain from using lead paint in residences and safely remove lead paint. Thus the law creates a duty on the part of a landlord to make sure units he (or she) rents are free from lead paint.
Breach. You must show that the defendant breached his duty. Thus, if a landlord fails to remove lead paint or remove in a safe manner, then he would have breached his duty of care.
Causation. You must prove that you suffered lead paint poisoning because of the breach. There must be evidence of a causal link between what the defendant did wrong and your health condition.
Damages. The purpose of any personal injury lawsuit is for the defendant to be held financially liable for the losses suffered by the plaintiff. Thus, in order for you to have a viable claim for damages you must have evidence that your suffered damages. Evidence of your medical expenses and lost wages would prove losses.Contact the Law Offices of Stephen Bilkis & Associates
If you believe that exposure to lead paint in your apartment or at work lead to your medical problems, or a family member’s medical problems, you may be entitled to compensation. Contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our lead paint injury attorneys in New York City are experienced in handling claims from injured victims and can help you recover damages based on lead paint injuries from paint chips in residences, from removing lead paint, from renovation or demolition jobs, or from lead point on consumer goods. 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.