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Lead And Mold Poisoning
Queller, Fisher, Washor, Fuchs And Kool And The Law Office Of William A. Gallina, LLP

LEAD POISONING ATTORNEY NYC

Lead & Mold Poisoning

Our NYC lead poisoning attorneys understand the hardships that can accompany continued exposure to lead, as well as mold and toxic chemicals. Continued exposure to such conditions can lead to debilitating sicknesses that can prove fatal if not treated soon enough. Individuals who have become sick due to prolonged toxic exposure may be forced to face severe financial strain. Many of the illnesses caused by lead, mold or chemical poisoning require victims to undergo numerous medical procedures, resulting in costly bills. These illnesses may also force victims to miss work for extended periods of time, resulting in lost wages.

The lead poisoning attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP realize that, in many cases, these sicknesses could have been avoided had another individual not acted negligently. As a result, our lead and mold exposure lawyers are committed to pursuing maximum compensation for individuals who have suffered from prolonged toxic exposure due to another's negligence.

Lead Poisoning

Lead Poisoning

Why Is Lead Poisoning So Prevalent In New York City?

The rich historical narrative surrounding New York City often also implies that many of the buildings are relics of earlier decades and thus have been painted using lead paint, an activity that is now prohibited due to its dangerous side effects. 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 cause several people to suffer the extreme side-effects of lead poisoning.

Who Is At Risk For Lead Poisoning In NYC?

Individuals who live in New York City apartments built before 1978 may be at risk of suffering lead poisoning. Lead poisoning is an extremely dangerous phenomenon and has the capability to cause individuals a number of serious inflictions including but not limited to:

  • Shock
  • Hemolysis
  • Anemia
  • Hemoglobin In Urine
  • Gastrointestinal Problems
  • Neuromuscular Problems
  • Neurological Problems

Moreover, lead poisoning is even more severe when it comes to children and can cause the following ailments:

  • Learning Disabilities
  • Behavioral Disorders
  • Neurodevelopmental Disorders

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 lead poisoning lawsuit. In order to have a valid claim, individuals must show that their landlord and/or building owner failed to comply with New York laws regarding lead paint. In New York, landlords who are the owners of buildings containing 3 or more units are required to take certain steps to keep their tenants safe. The law includes repainting all occupied apartments every 3 years, inspecting all buildings built prior to 1960 for lead-based paint and inspecting buildings where a child younger than 7 years old resides. When a landlord fails in these responsibilities, they may be liable for any injury or sickness caused by lead paint. A landlord's negligence, however, is not necessarily grounds for a lead poisoning lawsuit.

While negligence is an essential component of a valid lead poisoning lawsuit, it is not the only factor. In order to have a valid case, your lead poisoning attorney must also be able to prove that lead paint was directly responsible for the victim’s ailment. Furthermore, your lead poisoning lawyer must prove that the victim’s illness caused him or her 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.

What Are The Elements Of A Valid Lead Poisoning Lawsuit?

1) 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 must show that the building owner or landlord failed to comply with New York State legislation when it comes to the use of lead paint. According to New York Law, landlords who own buildings containing 3 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 3 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 event that the lead paint causes a resident to sustain an injury or fall ill.

2) 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.

3) Sustenance Of Injury: Lastly, in order to have a valid lawsuit, your NYC lead poisoning attorney must be able to demonstrate 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.

Mold Exposure

Mold Exposure

Why Is Mold Exposure So Prevalent In NYC?

Toxic mold exposure is a health risk associated with many of New York City’s buildings. Mold has become a common problem in homes across America. Black mold is a fungus that can cause a variety of health problems, ranging from headaches to trouble breathing. Mold can remain hidden in basements, crawl spaces, cabinets and bathrooms. Caused by exposure to rain, flooding and wind, mold can often overtake your home if the property is not properly constructed or maintained. Oftentimes, this mold is toxic, as is the case with Aspergillus and Penicillium, and repeated or prolonged exposure to such molds may result in illness. For people with compromised immune systems or lung diseases, chronic mold exposure can cause severe reactions and put them at risk.

What Are The Effects Of Mold Exposure?

Mold exposure can have a variety of toxic effects on the body, including headaches, coughing, difficulty breathing, sinus inflammation and fatigue. Over time, repeated exposure to mold may cause serious health problems. Mold exposure is especially dangerous for people with compromised immune systems, including children and the elderly; these victims are more prone to infections. Those with obstructive lung diseases are also at an increased risk.

Common symptoms of mold exposure are:

  • Diarrhea
  • Nausea
  • Lung Congestion
  • Watery Eyes
  • Skin Rashes
  • Hair Loss
  • Memory Loss
  • Headaches

Is Mold Exposure Grounds For A Lawsuit?

In order to recover compensation for damages, mold exposure victims must prove that the negligence of another person or entity is responsible for their illness or injury. The victim must also prove causation – meaning it must be demonstrated that mold exposure is indeed the cause of their illness or injury. Finally, the victim must prove that their illness or injury has caused economic damages (financial loss) or non-economic damages (pain, suffering or emotional trauma).

The nature of prolonged mold exposure cases makes them difficult to try, as symptoms may not show themselves for 10-20 years after the exposure. Due to the complexity of toxic mold lawsuits, it is important that victims of prolonged mold exposure hire an experienced mold exposure attorney. Our firm has the manpower and resources necessary to try toxic mold cases. We will handle every aspect of the case, including interviewing witnesses, filing the lawsuit, hiring investigators and medical experts and pursuing maximum compensation in court. Our mold exposure lawyers have a history of securing successful verdicts and settlements for our clients, many of which are worth over $1 million.*

Toxic Tort

Toxic Tort

What Does “Toxic Tort” Refer To?

Toxic tort is a legal claim for harm caused by exposure to toxic chemicals or substances. Some of these substances include pesticides, pharmaceutical drugs and dangerous chemicals (such as asbestos or silica).

Is Toxic Exposure Grounds For A Lawsuit?

In order to recover compensation for damages, victims of toxic exposure must be able to prove that another individual or entity's negligence was responsible for their illness. In order to prove that an individual or entity acted negligently, the victim must show that they had and violated a duty of care. A duty of care is a legal obligation that an individual or entity has to act with a certain degree of care when performing potentially harmful tasks. For instance, if a landlord fails to address or warn their tenants about lead paint, they may be found liable for any injury or illness the tenant suffers from prolonged exposure to lead paint. Furthermore, the plaintiff must be able to show that the defendant's negligence was directly responsible for their sickness. Lastly, the plaintiff's illness or injury must have caused them to suffer either economic or non-economic damages.

Individuals with any of the following illnesses may have suffered from prolonged toxic exposure and should contact a toxic tort lawyer:

Mesothelioma: Mesothelioma is a rare form of cancer that is usually caused by exposure to asbestos fibers. Individuals who are diagnosed with malignant Mesothelioma rarely recover, typically living no more than 11 months following a diagnosis. Victims of Mesothelioma may have grounds for a claim if the sickness was caused due to prolonged exposure in the workplace or due to a landlord's negligence.

Benzene-Related Diseases: Sicknesses such as Acute Myeloid Leukemia, Aplastic Anemia, Acute Lymphoblastic Leukemia and Chronic Myeloid Leukemia can be the result of prolonged exposure to Benzene. Prolonged exposure to benzene can be caused by inhalation of certain glues, paints, furniture waxes and detergents.

Manganism: Manganism is similar to Parkinson's disease as it can be identified by tremors, slow nervous response and, in some cases, paralysis. It is typically caused by inhalation of Manganese fumes.

Don't Hesitate To Contact A Mold Exposure, Toxic Tort Or Lead Poisoning Attorney In NYC

The existence of the statute of limitations requires that an individual who may have suffered from lead, mold or toxic exposure 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 can 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. Our toxic tort attorneys 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 wide variety of resources and expertise to ensure that your claim is filed in a timely manner. Due to the statute of limitations, victims of lead, mold or toxic exposure should not hesitate to contact a premises liability attorney.

Lead Poisoning Attorneys

How Do I Schedule A Legal Consultation Regarding Lead Poisoning, Mold Exposure Or Toxic Tort?

If you or someone you love has suffered harm due to lead poisoning, mold exposure or toxic tort, you may be entitled to compensation. For a free consultation with our lead poisoning attorneys in NYC, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.

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NEW YORK CITY
212.406.1700

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718.892.0400

NEW YORK CITY
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233 BROADWAY
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NEW YORK, NY 10279

212.406.1700

BRONX
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1250 WATERS PLACE
SUITE 708
BRONX, NY 10461

718.892.0400

Queller, Fisher, et. al., LLP
Personal Injury Lawyers Serving NYC

*PRIOR RESULTS CANNOT AND DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME WITH RESPECT TO ANY FUTURE MATTER, INCLUDING YOURS, IN WHICH A LAWYER OR LAW FIRM MAY BE RETAINED. VERDICTS ARE SUBJECT TO REDUCTION AND MODIFICATION ON APPEAL.

*AV PREEMINENT AND BV DISTINGUISHED ARE CERTIFICATION MARKS OF REED ELSEVIER PROPERTIES INC., USED IN ACCORDANCE WITH THE MARTINDALE-HUBBELL CERTIFICATION PROCEDURES, STANDARDS AND POLICIES. MARTINDALE-HUBBELL IS THE FACILITATOR OF A PEER REVIEW RATING PROCESS. RATINGS REFLECT THE CONFIDENTIAL OPINIONS OF MEMBERS OF THE BAR AND THE JUDICIARY. MARTINDALE-HUBBELL RATINGS FALL INTO 2 CATEGORIES: LEGAL ABILITY AND GENERAL ETHICAL STANDARDS.