Lead Poisoning Liability Claims In New York
As parents, we are always trying to look out for potential dangers for our children so we can best protect them. Lead poisoning is a serious threat to the health of your child, and can severely impair your child’s cognitive functions.
If you suspect lead poisoning in yourself or your child, it is crucial to seek both medical and legal assistance. Keep reading this article to find out more about lead poisoning in New York, including:
- The responsibility that your landlord has to protect you and your children from lead poisoning in your home or building.
- How medical records and expert witnesses can strengthen your lead poisoning case.
- Some of the common strategies used by the defense in lead poisoning cases that you should be aware of.
Who Can File For A Lead Poisoning Liability Claim?
Anyone who has been poisoned by lead can file a lead poisoning liability claim. Usually, it is children who have been lead poisoned and the claim is filed on their behalf by their parent or guardian. If you suspect lead poisoning, it is important to seek medical care for you or your child and to reach out to an experienced lead poisoning attorney.
What Responsibilities Do Property Owners Have In Preventing Lead Poisoning?
In the city of New York, in a multiple dwelling built before 1960, your landlord is required to annually investigate for lead-based paint hazards if young children live in the building. The landlord is also required to notify tenants about the landlord’s responsibilities with regard to lead-based paint.
In addition, the landlord is required to inquire – both at the time your lease is signed and annually thereafter – whether a child under the age of seven resides in the unit. Finally, your landlord is required to notify you of the results of any investigation and distribute any resulting report to all tenants.
Are There Time Limitations For Filing Lead Poisoning Claims?
Yes, lead poisoning claims have limitations. Like any other case, your claim is subject to the statute of limitations, which is usually three years. When children are involved, the statute of limitations in New York is usually until a child reaches the age of 21 (three years after their 18th birthday). However, it is advisable that you file your claim as soon as possible, rather than waiting years to do so.
How Can Medical Records And Expert Witnesses Be Used In A Lead Poisoning Case?
Medical records and expert witnesses are essential for proving your lead poisoning case. For medical records, you will need proof of your child’s lead level. In general, venous lead levels are much more accurate and reliable compared to the levels taken by pricking a child’s finger.
Experts have to establish that there is lead in your child, the level of the lead, and that the lead caused the intellectual and cognitive deficits suffered by your child. Experts are also used to explain what the future of your child may look like and discuss the damages that your child has suffered and will suffer in the future. This may include decreased earnings over his or her lifetime and the requirement of medical treatment or medication over their lifetime.
Can Lead Poisoning Claims Be Brought Against Schools And Daycare Centers?
It can be incredibly disheartening to find out that the place where you brought your child for care caused them harm due to lead poisoning. A lead poisoning claim can be made if you can prove that there was lead at these establishments and that the owners or operators knew, or should have known, about the lead. You must be able to show that the lead paint poisoning can be traced to the school or the daycare center where you brought your child.
Are There Any Defenses That Property Owners And Other Defendants Commonly Use In Lead Poisoning Cases?
It’s important to be aware of the strategies that are frequently used by defendants in lead poisoning cases. First, they may claim that the level of lead in your child is not sufficient to cause injury. Or, they may suggest that the damages were caused by hereditary factors or certain problems occurring at birth.
The defendants might also state that even if your child was lead poisoned, your child wasn’t lead poisoned at the particular defendant’s premises. They may claim that your child was lead poisoned at another premises, or was lead poison through environmental clauses.
While these arguments do not always suffice, it is still a good idea to be familiar with their strategies. Knowing their potential defense arguments will allow you to be mentally prepared and be able to provide evidence against their statements.
How Can I Find A Qualified Attorney To Handle My Lead Poisoning Liability Claim?
Your best course of action to find a qualified attorney for lead poisoning cases is to look for a professional who has experience handling these types of cases. Over my career, I have taken on about 30 of these cases, so I know what to expect from and what to do in a lead poisoning case.
When your child is unwell, it can be frightening, and lead poisoning can cause significant damage. To ensure that your child is getting the best care, it is essential to work with a qualified attorney for your lead poisoning case.
For more information on Lead Poisoning Liability Claims In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 563-2010 today.