Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Lead Poisoning

New York Lead Poisoning Lawyers

Lead Paint 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 limited to:

  • 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

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 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.

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.

4) 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

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.

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