LEAD POISONING ATTORNEY NYC

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.

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 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 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 to ensure that your claim is filed in a timely manner. Due to the statute of limitations, victims of lead or toxic exposure should not hesitate to contact a premises liability attorney.