Lead based paint can often be hazardous to a person’s health. Lead poisoning can result from inhalation or swallowing of small particles of lead-based paint. This can lead to serious medical conditions such as nerve or organ damage.
U.S. laws restrict the use of lead-based paint in various applications, such as in homes and in children’s toys. Legally speaking, U.S. laws define "lead-based paint" as any paint containing either:
Lead-based paint has always been known to be a health hazard because of the dangerous contamination within the paint. It is a major source of lead poisoning in children and can also severely affect adults’ health. In children, lead poisoning may cause severe brain damage and impaired mental functioning. It can also cause retard mental and poor physical. In adults, lead poisoning can cause poor muscle growth, nerve damage, reproductive problems, and high blood pressure, and even death.
Children are the most likely people to be injured by lead paint. This is because many older homes containing lead paint frequently have flaking or disintegrating paint, which then falls to the floor. As young children are prone to putting foreign objects in their mouths, they will frequently take these flakes of lead paint and put those flakes in their mouths.
As mentioned above, lead paint is incredibly toxic, as it can lead to lead poisoning. Some of the common injuries that derive from lead-based paint are:
Despite recent U.S. laws regulating the use of lead-based paint in new residential dwellings, older homes can still contain lead-based paint. This is especially true of older homes, such as Victorian-era homes or other types of dwelling units. Also, there may still be danger when it comes to stripping paint and applying new coats, as the process can "disturb" the lead particles that may be lying dormant in the building.
As of 1996, home sellers have an obligation to inform potential buyers about any lead-based paint or paint hazards on the property or building. This was covered in the "Lead Based-Paint Disclosure Regulation". Under the regulation, home sellers must:
If someone has been injured because of ingesting or inhaling lead based paint that came off a landlord’s building, the recoverable damages include such items as:
Here are several things you may need to do to develop a successful lead based contamination case:
In addition to landlords/property sellers, other parties may be liable for the lead paint contamination, including:
Disputes of violations involving lead-based paint laws may require a lawsuit. It is in your best interests to hire a real estate lawyer if you need help with any legal regulations or real estate matters. Your attorney can provide you with assistance on the matters and can help you file a lawsuit if needed. Also, your lawyer can give you legal advice if you have any specific questions regarding a home sale.
Last Modified: 03-31-2016 10:45 AM PDTLaw Library Disclaimer
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