Lead is a soft metal found naturally in the Earth's crust. At one time it was freely used in many products, including paint, batteries, solder, pottery and gasoline. This metal is virtually indestructible, and it is not biodegradable. Lead poisoning is most common, and most damaging, in very young children.
Exposure to lead-based paint is the primary source of lead poisoning. Urban areas, with their older and often more dilapidated structures, present the highest concentrations of lead paint and the greatest threat to children. For a child, even the smallest amount of lead-based paint poses a significant health threat and can lead to brain damage, learning disabilities, behavioral problems, attention problems, and more.
Children are exposed to lead when they ingest chips of lead-based paint or swallow or breathe lead contaminated dust. HUD (U.S. Department of Housing and Urban Development) conducted a study that determined that about 74% of privately owned housing units in the United States built before 1980 contain lead-based paint. Congress passed laws during 1978 outlawing the use of lead in paint. However, the law only banned the use of lead in paint sold after that time period. Layers and layers of old lead-based paint remain on houses and apartments constructed before the ban went into effect. Old and poorly kept or maintained housing poses a great risk, because the lead paint flakes, chips and dust can shed and can come in contact with small children. Many cases of lead poisoning also result when homes containing lead-based paint are remodeled or renovated without precautions being taken.
Please call or email us at the Frith Law Firm to discuss how we may be able to assist you and your family recover for your children’s injuries. We are ready to help you today!
Lead Paint Frequently Asked Questions
How are Children Exposed?
Children eat or ingest lead paint when it begins to peel, flake, or become dislodged from baseboards or windowsills. The lead-paint has a sweet taste which further encourages children to ingest what is essentially a poison. Young children may also become exposed to lead-paint via the normal hand to mouth activity of crawling and toddler stages of development. Children are especially vulnerable to lead poisoning because they retain larger amounts of lead than adults – absorbing lead at a rate of five to ten times that of adults.
What are the effects of lead poisoning?
Children with lead poisoning often experience delays in normal development such as learning to speak and sit up. Increased lead levels in infants and toddlers can cause behavioral problems, loss of IQ points, hyperactivity, central nervous system damage, lack of appetite, sleeplessness, and attention deficit. Cognitive deficits caused by lead poisoning often results in reduced success in school.
How long do I have to bring a suit for lead poisoning?
Many jurisdictions have a very long statute of limitations for lawsuits filed by children. This means that even if a child sustained lead poisoning five (5), ten (10) or even twenty (20) years ago, the attorney representing him or her may still be able to bring a claim and file a law suit. The law in many states allows attorneys representing children to file lead paint lawsuits for harms they have suffered even past the time they are legally considered adults.
What are my legal remedies?
Landlords are required by law to maintain a safe, habitable apartment. If the landlord does not maintain the apartment, ensuring that it’s free from lead-based paint, the landlord may be liable to the infant who becomes poisoned as a result of such negligence.
Virginia law permits an infant to recover damages for permanent injuries. Damage awards take into account pain, expenses for ongoing medical care, special education, vocational guidance, and future loss of earnings, which are calculated by comparing what the child would have earned, if lead poisoning had not occurred, with the victim’s ability to earn money in light of the exposure to lead-based paint. These damages can easily be calculated in the millions of dollars.
What can I do to help my family?
If your current home has lead paint, you need to act quickly to protect your family. If moving is not an option, contact state or local agencies to help remove the lead. Many low income families will qualify for free lead – abatement programs. Contact your local health department to inquire.
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