Lead Paint Exposure Throughout New York

Even though lead as an ingredient in paint has been prohibited for almost 25 years in the United States, more than 50 percent of children living in cities continue to be exposed to lead paint in their homes and environment. Lead can get into the air, water, food, soil and even dust, and can be breathed or swallowed leading to serious health problems, especially for young children.

The Centers for Disease Control and Prevention (CDC) has found that lead in paint is the most common, high-dose source of lead exposure for children. Children are exposed to lead when they ingest chips of lead-based paint or swallow or breathe lead-contaminated dust. 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.

Children 6 years old and under are most at risk because their bodies are still developing. A young child's exposure to lead can cause learning and behavioral problems and possibly damage their brains, kidneys, and other organs. While lead can impact nearly every system in the body, there may be no obvious symptoms of lead poisoning and it often goes unrecognized. Lead at very high levels can cause brain swelling, convulsions, coma and even death. At low levels, lead poisoning has been associated with loss of IQ points and intellect, learning disabilities, academic failure, attention problems (ADHD and ADD), hyperactive behavior, school failure, and antisocial or criminal behavior.

The treatment for childhood lead poisoning, known as chelation, often involves a painful hospital procedure of injections that causes lead to be excreted in the urine. Recently, oral chelation drugs have been developed which can be administered without hospitalization.

New York State public health regulations require all health care providers to test children for blood lead levels at age 1 and again at age 2. In addition, health care providers are also required to evaluate all children 6 months to 6 years of age for risk of lead exposure each year as part of routine care. Children found to be at risk for lead exposure should have a lead test. If a child has an elevated lead level, the health care provider must make certain the child has follow-up testing. Providers must also provide guidance on lead poisoning prevention, risk reduction and nutritional counseling to the parent or caregiver of children age 6 and younger.

The Residential Lead-Based Paint Hazard Reduction Act was passed in 1992 to address the health problems associated with lead poisoning. Under the law, every individual renting, buying or renovating an apartment or home built prior to 1978 must be supplied with the EPA pamphlet, "Protect Your Family From Lead In Your Home" or a state-approved version of the pamphlet. Landlords and tenants must also sign an EPA-approved disclosure form that must be kept as part of the property owners' records for three years from the date of tenancy. In buildings or rental units constructed prior to 1978, the EPA requires that tenants receive the lead hazard information at least 60 days prior to the start of renovation. Landlords who fail to comply with EPA regulations may face penalties of up to $10,000 for each violation. Property owners who neglect to obey local and federal health and housing codes and regulations, or who refuse to respond to a tenant's request for repainting may be liable. Their negligence may have allowed lead-based paint to deteriorate and become lead paint chips or the lead-contaminated paint dust that poisons our children.

Belluck & Fox, LLP works for children and their families in lawsuits for money damages caused by a child's lead poisoning. While the damage caused by lead poisoning is permanent, economic recovery can help a child receive special education, occupational therapy, medical care, and other support. As with other personal injury and toxic tort cases, lead-paint poisoning cases demand the attention of attorneys experienced with lead poisoning lawsuits. If you live in New York City, Bronx, Queens, Brooklyn, Staten Island, Buffalo, Binghamton, Syracuse, Albany, Utica, Oswego, Elmira or any other city in New York, and have a child with elevated lead levels or lead poisoning, Contact the attorneys of Belluck & Fox. LLP.

< Back to What We Do