Lead based paint was banned in America in 1978. For years though, it has remained on the walls of homes, apartments, and commercial buildings, particularly in low income areas. Lead is highly toxic to adults and children, and lead poisoning has been a hotly debated topic for decades. Paint companies, contractors, and landlords have been held responsible for disabling thousands of people.
Recent Providence Jury Verdict
In 1998, a two year old Pawtucket girl was exposed to lead in her family’s apartment. Even though she was only exposed to the toxic heavy metal for four months, her young brain was effected and left permanently injured. She will suffer from a reduced IQ for the rest of her life. In 2010, her mother filed a lawsuit against the landlord on her daughter’s behalf.
This July, the jury awarded the girl $125,000 for her injuries. After taking into account interest, the final verdict was over $350,000. The jury found that the landlord, who now lives in Florida, did not adequately address the lead paint issue in the property, which caused the girl’s injuries. Motley Rice represented the injured girl in this case. Our law firm refers the vast majority of our lead poisoning cases to Motley Rice, who do an excellent job at handling these types of cases. The landlord is considering an appeal.
Lead Paint Problems
For years, lead paint was known to cause injuries, but it was still used to coat walls in all kinds of residences. Growing concerns over lead poisoning resulted in the U.S. banning the sale of lead paint in 1978. However, since it was such a popular type of paint, it remained on the walls of millions of homes.
Lead paint “abatement” is expensive because of the skill needed to do it properly. In fact, the process of disposing lead paint can itself lead to poisoning. Small dust particles and chips of paint end up floating in the air or on the floor. Breathing these particles is very dangerous. Small children and toddlers, who have a tendency to put objects in their mouths, are at a high risk of directly ingesting the dangerous metal and becoming further exposed.
Lead Poisoning Injuries
Children often experience the most serious and devastating injuries from lead poisoning because their bodies are still developing. Lead interferes with the nervous system and can result in a malformed brain, which can lead to learning disorders and permanent intellectual disabilities. Adults can suffer injuries as well, ranging from minor flu like symptoms to kidney disease and epilepsy.
What You Can Recover
When awarding a child, juries will often take into account both past and future damages. Most importantly is recovery for medical bills, which can often be substantial due to the types of injuries sustained. Loss of future income is also considered by the jury. A child with a reduced IQ or other kinds of mental disabilities will be limited in the amount of income that they can earn in comparison to a person without such disabilities. Pain and suffering can also be awarded, as well as punitive damages, which are intended to punish the person responsible.
If you believe that you or a loved one have suffered a severe injury due to lead poisoning, you may be eligible to receive compensation. Our law firm works with lawyers that are experienced with these complicated lead poisoning lawsuits and they charge no fee unless you receive a settlement or award. For a free (no obligation) case evaluation, call our toll free number at 1-800-992-6878, or fill out a contact form on our website.
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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