Lead Paint in Premises Liability Law
New houses built these days do not use lead-based paint. However, older houses built before 1978 do, and it may be in your walls, ceilings, and exteriors. Lead is highly poisonous, and as the nation has seen in Flint, Michigan’s lead pipe crisis, the damage can be extensive and long-lasting.
Prolonged exposure can lead to permanent brain damage, and in some cases death. Children can suffer weight loss and abdominal pains in the short term; longer exposure can delay their development and even cause learning disabilities. Property owners are responsible for disclosing whether lead-based paints are present in their rental properties and real estate.
The Danger is Real
Simply because lead-based paint was outlawed before the 1980s does not mean that there is no reason for concern. The older a house is, the more likely the paint can chip off and break away. Small children might eat it, not knowing better. When the paint chips, lead particulates get in the air and are inhaled. Outside of a house, children are known to run their hands along the exterior walls.
House renovations are particularly dangerous, and can create hazards without anyone knowing about it. If old paint is not handled correctly, lead dust and paint chips can remain in the home or in the garden for years after the work is completed. Paint removal by blasting, burning, dry scraping, dry sanding and using power tools creates serious dangers because the particles are small enough to be inhaled. Particles can also deposit themselves in furnishings and carpets, making removal very difficult.
Victims are able to take legal action against landlords who are negligent and fail to provide adequate warning about the possibility of lead in their properties, public or private. The exposed can file civil lawsuits against those responsible. People who work in jobs where regular lead exposure occurred may have the option to sue for damages, but could also make a workers’ compensation claim.
Victims of lead exposure can not only sue for their immediate medical costs, but also for the amount needed to treat any permanent conditions caused by lead exposure. There may also be punitive damages available for not taking proper precautions in reducing the lead risk.
Call an Expert Today
If you believe your property might have lead and want legal help, or if you believe you or your family is at risk of lead exposure at your home or your place of work, contact Cash Krugler & Fredericks LLC. Premises liability, and specifically lead matters are complex, and you need a well-versed experienced attorney on your side. No one should tackle lead alone.
Georgia law on premises liability cases is complex and it changes frequently. Our firm handles premises liability cases frequently. Our firm works with many experts in order to create a plan to make sure your concerns are handled right the first time.
Please feel free to use our Online Consultation Form, email us or call our Atlanta Premises Liability Attorneys at (404) 659-1710 to discuss your case or if you have any questions.