The rich historical narrative surrounding New York City often also implies that many of the buildings are in fact relics of earlier decades and thus have been painted using lead paint, an activity that due to its dangerous side effects is now prohibited. As a result of the numerous health risks associated with the use of lead paint, it was outlawed in the United States in 1978. Nevertheless, buildings that predate 1978 are still coated in lead paint and thus cause several people to suffer the extreme side-effects of lead poisoning.
In the case that an individual is forced to endure hardships in the form of economic or emotional damages as result of lead poisoning caused by a building’s paint, he or she might be entitled to receive compensation for their losses. The attorneys at Queller, Fisher, Washor, Fuchs & Kool understand the injustice associated with this particular hardship and the physical and emotional consequences resulting from a poisoning of this nature. Consequently, our attorneys do their very best to ensure that our clients receive a just verdict in addition to pursuing the maximum possible compensation for all of our clients.
Results of Lead Poisoning
Lead poisoning is an extremely dangerous phenomenon and has the capability to cause individuals a number of serious inflictions including, but not limited to:
- Gastrointestinal Problems
- Neuromuscular Problems
- Neurological Problems
Moreover, the results of lead poisoning are even more severe when it comes to children. Resulting in ailments such as:
- Learning disabilities
- Behavioral Disorders
- Mental Retardation
Elements of a Valid Lead Poisoning Lawsuit
- Negligence - The presence of a coat of lead paint does not provide sufficient grounds for a valid lawsuit. In order to establish liability and validity the victim’s claim is must be established that the building owner or landlord failed to comply with New York State legislation when it comes to the usage of lead paint. According to New York Law, landlords who own buildings containing three or more units are legally required to take certain measures to ensure the safety of their tenants. One of these measures includes repainting all occupied buildings every three years in addition to inspecting all buildings built prior to 1960 for the usage of lead paint.
In the case that a landlord fails to fulfill these responsibilities, he or she may be held liable in the cause that the lead paint causes a resident to sustain an injury or fall sick.
- Causation: In addition to establishing the landlord’s negligence it must also be demonstrated that the Lead paint was the direct and immediate cause of the victim’s ailment.
- Sustenance of Injury: Lastly, in order to have a valid lawsuit, it must be demonstrated that the injury resulted in the victim suffering either economic or non-economic damages. Economic damages pertain to any financial loss resulting from the injury. Alternatively, non-economic damages refer to any pain and suffering or emotional trauma caused by the injury.
Contact Queller, Fisher, Washor, Fuchs & Kool Today
The existence of the statute of limitations requires that individuals that may have suffered from lead poisoning due to the negligence of another individual contact an experienced attorney immediately. The statute of limitations refers to a law that limits the time period during which an injured individual an bring forth a claim against the responsible party. In the case that the individual fails to bring forth his or her claim within the specified time period, he or she might be eternally barred from seeking justice and recouping compensation for any damages sustained as a result of the injury.