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Determining Liability for Lead Based Exposure Injuries

lead

Prior to May of 1978, lead was used in a variety of construction materials, including household paint. Though no one was aware of it at the time, small chips of lead paint and dust from the lead based materials were taking its toll on residents and homeowners—especially their children. There is no level of lead paint exposure that is known to be safe to humans, which makes lead’s use in household materials even more scary. Furthermore, children are four to five times more vulnerable to the harmful effects of lead than adults; this is a concerning fact, as due to their curious nature and hand-to-mouth behavior, children are far more likely to ingest lead-contaminated or lead-coated objects, including soil, dust, or even flakes of lead paint.

High exposures of lead cause damage to the brain and nervous system, leading to coma, convulsions, and even death. However, while high exposures of lead produce immediate harmful effects, low levels over long periods of time can be just as harmful. In fact, in 2013, the latent effects of lead exposure caused 853,000 deaths.

If you or a loved one has been exposed to lead based materials, and if you suffer from either short or long-term effects, you may be eligible for a premises liability claim, personal injury claim, product liability claim, or worker’s compensation claim. Contact our Fort Lauderdale personal injury law firm to see if your injuries qualify for a claim.

Who is Liable for Lead Based Injuries Today?

Because lead based materials were not officially outlawed until 1978, any individuals who experience latent injuries caused by lead exposure prior to May of that year are not eligible for damages. However, lead exposure that occurs after that date may be cause for debate.

Landlords and individuals who are trying to sell their homes have a legal obligation to inform their tenants or homebuyers of the existence of lead based materials in the home. If a landlord or seller is aware of or should be aware of the existence of lead based materials in the home, and if they fail to inform the buyer or seller of its existence, they can be held liable for any and all damages that result from the exposure (The Lead Disclosure Rule, Lead Residential Lead-Based Paint Disclosure Program, and Florida Statute 83.51), and sued under premises liability law.

Florida employers also have a duty to their employees to maintain a lead-free workplace.

Work with a Fort Lauderdale Personal Injury Lawyer

At The Pendas Law Firm, we know how difficult it can be to recover damages for the dire effects of lead exposure. Because of this, we suggest that if you or a loved one suffers from the effects of lead poisoning, you contact a Fort Lauderdale personal injury lawyer right away to assist you in the claims process, and to ensure that you recoup the damages you need to cover your medical expenses and those damages caused by pain and suffering. To get the legal help you deserve, contact one of our Fort Lauderdale personal injury lawyers at 1-888-LPENDAS today. We also serve clients in the Orlando, Tampa, Jacksonville, Miami, West Palm Beach, and Fort Myers areas.

Resources:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/enforcement/disclosure

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.51.html

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