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Hill & Moin LLP
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  • New York Lead Paint Exposure

New York Lead Paint Exposure

The Center for Disease Control (CDC) reports that approximately 24 million housing units in the United States have significant lead-based paint hazards, including deteriorated lead-paint and lead-contaminated house dust. About 4 million of these are home to young children.

In 1978, lead-paints were banned for residential use due to the growing health concerns from lead poisoning. However, homes built in the United States before 1978 are likely to still have some lead- paint present. Any painted surface may chip, crack, or create dust, creating serious dangers to children and adults alike.

A child’s growth and development can be seriously affected after exposure to lead. Children are most commonly exposed to lead by chewing on surfaces coated with lead-based paint, eating paint chips, or any exposure to lead dust.

Dangers of Lead Paint Exposure

One of the many dangers of lead paint exposure is that children don’t easily show symptoms. The best way to be proactive in protecting your child is with a blood lead test. This is something you should discuss with your child’s doctor. Early detection is important as increased amounts of lead in the blood stream increases the risk of health complications.

There is no safe level of lead exposure for children. However, a blood level with lead over 5 mcg/dL (micrograms per deciliter) is used as indicator that unsafe exposure may be present.

Some of the effects of untreated or diagnosed lead exposure may have on a child’s health include:

Damage to the brain;

Damage to the nervous system;

Slowed development;

Learning difficulties;

Hearing and speech problems;

Inability to pay attention;

Difficulties with school performance;

Behavior Disorders;

What can be done about the risk of exposure?

There are a few things parents can do to help treat and detect lead-exposure before it becomes problematic. Parents should have routine blood tests performed with a child’s primary care physician. This is the first recommended action a parent should take. Purchasing family foods that have high iron, calcium, or Vitamin C can also help prevent lead poisoning. Having your home inspected for lead paint is another way to prevent lead exposure.

As stated above, one of the dangers of lead exposure is how difficult it is to detect. Therefore, in New York, landlords are responsible for making sure tenants and young children are not exposed to lead in their homes. Recently, Local Law 1 expanded landlord liability for lead in any of their properties. However, this does not mean landlords always take the necessary steps to protect you or your child.

The majority of liability insurers have expressly excluded any coverage for lead poisoning claims. Only certain landlords who have hired a special lead inspector will agree to offer a corresponding policy. However, coverage may exist in some umbrella insurance policies.

Here at Hill & Moin

If you believe your child has been exposed to lead paint or dust, the first person to contact is your child’s health care provider. However, consulting with experienced lawyer about your potential claim is an important next step. Here at Hill & Moin, our family of experienced lawyers have shown their success in bringing lead exposure claims. Our lawyers obtained a $1.5 million dollar settlement for a family with twin boys who were exposed to lead in their home. Contact Hill & Moin to see if you have a claim, because it is our family’s practice to protect yours.

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