Even though lead paint has been banned in the United States since 1978, many houses still contain the poisonous material on its walls and window beams. Many of the houses in Rhode Island and Massachusetts that still possess lead paint are older multi-unit buildings such as 3 family houses and generally tend to be in poorer sections of the community. The problem is so wide spread that Rhode Island offers tax credits to encourage home owners to remove any and all trace of lead paint from their building.
Lead paint if ingested is highly poisonous and toxic, particularly to children under 6 who are still developing. Unfortunately, children under 6 are the most likely to ingest lead paint by licking the walls or eating paint chips. To make matters worse, lead paint actually has a sweet taste which can further encourage children to ingest lead paint chips. It is also misleading to believe that children must ingest paint chips in order to be poisoned because ample testing has shown that ingesting lead paint dust can have a similar detrimental effect on young children. Ingestion of lead paint can lead to developmental delays, nervous system damage, stunted growth, kidney disease and a host of other injuries and disabilities.
Massachusetts has a history of favorable decisions on behalf of lead poisoning injury victims and while Rhode Island has much less case law on the subject, lead paint actions can be brought against landlords or homeowners who negligently allow children to be exposed to lead paint. Insurance companies often fight these cases aggressively looking for ways to deny insurance coverage to the injured victims. Lead poisoning cases are extremely complex and require an experienced personal injury attorney to secure a favorable result.
The injuries to your child may be life changing and permanent if exposed to high levels of lead. This can lead to future medical expenses, a loss of earning capacity and/or potential and a tremendous amount of pain and suffering. It is imperative that you speak to a personal injury attorney right away if your child has been diagnosed with lead poisoning. Following such a diagnosis, the State Department of Health will usually order an investigation into the residence to identify the presence of lead paint. If the Department has identified lead in your rental property, you may have a case for damages.