New York Lead Poisoning Lawyers
The rich historical narrative surrounding New York City often also implies
that many of the buildings are in fact relics of earlier decades and thus
have been painted using lead paint, an activity that due to its dangerous
side effects is now prohibited. As a result of the numerous health risks
associated with the use of lead paint, it was outlawed in the United States
in 1978. Nevertheless, buildings that predate 1978 are still coated in
lead paint and thus cause several people to suffer the extreme side-effects
of lead poisoning.
Many buildings in New York City are decades old, meaning they built as
maintained differently than they are now. As a result, the interiors of
many older buildings are coated in Lead paint. Due to the dangerous health
risks associated with Lead paint, its use was outlawed in the United States
in 1978. Despite the banning of Lead paint, it's still prevalent in
many buildings that outdate 1978. As a result, many people suffer from
the side-effects of Lead poisoning today.
Individuals who live in New York City apartments built before 1978 may
be at risk of suffering Lead poisoning. Lead poisoning can cause residents
a number of afflictions, including shock, hemolysis, anemia, and hemoglobin
in the urine. Furthermore, severe Lead poisoning can cause individuals
to suffer gastrointestinal, neuromuscular, and neurological problems.
Lead poisoning is even more dangerous when it occurs in children, causing
ailments such as learning disabilities, behavioral disorders, and mental
retardation. When New York residents are forced to endure the hardships
caused by Lead poisoning, they may be entitled to compensation for any
damages incurred. At Queller, Fisher, Washor, Fuchs & Kool, our New
York Lead poisoning lawyers understand the hardships that an individual
suffering from Lead poisoning can face. As a result, our firm pursues
maximum compensation for all of our clients.
In the case that an individual is forced to endure hardships in the form
of economic or emotional damages as result of lead poisoning caused by
a building’s paint, he or she might be entitled to receive compensation
for their losses. The attorneys at Queller, Fisher, Washor, Fuchs &
Kool understand the injustice associated with this particular hardship
and the physical and emotional consequences resulting from a poisoning
of this nature. Consequently, our attorneys do their very best to ensure
that our clients receive a just verdict in addition to pursuing the maximum
possible compensation for all of our clients.
Have you or someone you love lived or spent time in a building built before
1978? Do you believe you are suffering the effects of Lead poisoning?
If so, you may have grounds to file a lawsuit. For a free review of your
legal options, call 212-406-1700 or
contact us online.
Does Lead Paint in Your Apartment Present Grounds for a Lawsuit?
While Lead paint can lead to serious health issues, its presence does not
necessarily present grounds for a lawsuit. In order to have a valid claim,
individuals must show that their landlord and/or the building owners failed
to comply with New York laws regarding Lead paint. In New York, landlords
who are the owners of buildings containing three or more units are required
to take certain steps to keep their tenants safe. The law includes repainting
all occupied apartments every three years, inspecting all buildings built
prior to 1960 for Lead based paint, and inspecting buildings where a child
younger than seven years old resides. When a landlord fails in these responsibilities,
they may be liable for any injury or sickness caused by Lead point. A
landlord's negligence, however, is not necessarily grounds for a lawsuit.
While negligence is an essential component of a valid premises liability
lawsuit, it is not the only factor. In order to have a valid case, the
victim must also be able to prove that Lead paint was directly responsible
for their ailment. Furthermore, the victim must prove that their illness
caused them to suffer either economic or non-economic damages. Economic
damages are any financial loss caused by the injury. Non-economic damages
are any long-term pain and suffering or emotional trauma caused by the sickness.
Results of Lead Poisoning
Lead poisoning is an extremely dangerous phenomenon and has the capability
to cause individuals a number of serious inflictions including, but not
- Gastrointestinal Problems
- Neuromuscular Problems
- Neurological Problems
Moreover, the results of lead poisoning are even more severe when it comes
to children. Resulting in ailments such as:
- Learning disabilities
- Behavioral Disorders
- Mental Retardation
Elements of a Valid Lead Poisoning Lawsuit
Negligence - The presence of a coat of lead paint does not provide sufficient grounds
for a valid lawsuit. In order to establish liability and validity the
victim’s claim is must be established that the building owner or
landlord failed to comply with New York State legislation when it comes
to the usage of lead paint. According to New York Law, landlords who own
buildings containing three or more units are legally required to take
certain measures to ensure the safety of their tenants. One of these measures
includes repainting all occupied buildings every three years in addition
to inspecting all buildings built prior to 1960 for the usage of lead paint.
In the case that a landlord fails to fulfill these responsibilities, he
or she may be held liable in the cause that the lead paint causes a resident
to sustain an injury or fall sick.
Causation: In addition to establishing the landlord’s negligence it must also
be demonstrated that the Lead paint was the direct and immediate cause
of the victim’s ailment.
Sustenance of Injury: Lastly, in order to have a valid lawsuit, it must be demonstrated that
the injury resulted in the victim suffering either economic or non-economic
damages. Economic damages pertain to any financial loss resulting from
the injury. Alternatively, non-economic damages refer to any pain and
suffering or emotional trauma caused by the injury.
Don't Hesitate to Contact a Premises Liability Lawyer
Contact Queller, Fisher, Washor, Fuchs & Kool Today
The existence of the statute of limitations requires that individuals that
may have suffered from lead poisoning due to the negligence of another
individual contact an experienced attorney immediately. The statute of
limitations refers to a law that limits the time period during which an
injured individual an bring forth a claim against the responsible party.
In the case that the individual fails to bring forth his or her claim
within the specified time period, he or she might be eternally barred
from seeking justice and recouping compensation for any damages sustained
as a result of the injury. The attorneys at Queller, Fisher, Washor, Fuchs
& Kool collectively have over fifty years of experience and are able
to expedite the legal process on your behalf in order to ensure that your
claim receives the attention it deserves. Consequently, our law firm utilizes
a cornucopia of resources and expertise to ensure that your claim is filed
in a timely manner. Due to the statute of limitations, victims of Lead
poisoning should not hesitate to contact a
premises liability attorney. The statute of limitations is a law that specifies the amount of time
following an injury that a victim has to file a lawsuit. Failure to file
a claim before the statute expires can result in victims being forever
barred from the compensation they may be entitled. At Queller, Fisher,
Washor, Fuchs & Kool, our premises liability attorneys understand
the time constraints imposed by the statute of limitations. As a result,
we use our vast resources to ensure all of our clients claims get filed
in a timely manner.
In the unfortunate case that either you, or a loved one, have suffered
from the consequences of lead poisoning due to another’s negligence,
do not hesitate to contact the New York law office of Queller, Fisher,
Washor, Fuchs & Kool today. Call us at (212)-406-1700 or fill out
an online form in order to schedule a free legal consultation during which
our attorneys will assess the validity and strength of your claim.
If you or someone you love has suffered from Lead poisoning, you may have
grounds for a lawsuit. For a free, no-obligation consultation with Queller,
Fisher, Washor, Fuchs & Kool, call 212-406-1700 or fill out our online
case review form.