Recently, $350,000 was awarded to a 19-year-old victim who was exposed to lead poisoning when she was two years old due to her negligent landlord. Specifically, the landlord negligently hid (concealed or failed to disclose) the lead paint issues in the home 17 years ago, causing severe brain injuries to the victim.
This isn’t the first case where a victim has been able to recover due to exposure to lead poisoning during childhood.
Last year, a 17-year-old boy who suffered permanent brain damage due to exposure to lead paint when he was younger was awarded $2 million in a civil case. Specifically, the owner of the building had failed to maintain the home in accordance with federal and state law, causing the boy to suffer from permanent brain damage that resulted in a loss of four to five IQ points, cognitive deficits, attention and focus problems, learning disabilities, and behavioral problems. The boy was found to have more than the double the level of reference used by the Centers for Disease Control and Prevention in identifying children with lead exposure.
Studies have shown that exposure to lead paint, especially for young children, can result in a lifetime of medical and financial issues, and the courts are paying attention to these injuries.
The Law
Under the Residential Lead-Based Paint Hazard Reduction Act (also known as Title X), before allowing a tenant to sign or renew a lease or rental agreement, a landlord must disclose any known lead-based paint on the property. Both the landlord and tenant must also sign the Environmental Protection Agency-approved disclosure form to prove that this disclosure has been made. The landlord must also distribute a pamphlet on protecting one’s family from lead in the home. Any violations can cost a landlord $16,000, and any landlord found liable for injuries could pay up to three times what the tenant suffered.
In addition, states will sometimes have additional regulations regarding what is required of rental properties built before a certain year. For example, the Louisiana Department of Environmental Quality has its own lead hazard notification form that must be completed for any child-occupied facilities. In addition, in New Orleans, there are particular standards for those who work with lead-based paint. For example, if you want to make any changes to buildings constructed prior to 1978, you have to contact the Department of Safety and Permits.
Harrell & Nowak: Attorneys Prepared to Assist You
Personal injuries happen all the time simply because someone else was careless in what they did or how they acted. And many of these personal injuries could have been prevented by simply taking reasonable and common sense steps.
The personal injury attorneys at Harrell & Nowak have helped many victims in New Orleans, Kenner, Metairie, and throughout Louisiana obtain financial compensation for their injuries. Our accident lawyers will work to ensure that your rights are protected and that you receive a fair recovery if your injury has been caused by someone else not being responsible.