Knowledgeable Bronx Attorneys for Lead Poisoning
Lead paint has been banned in New York since 1960. However, many landlords have failed to remove the poisonous paint from apartments. As a result, children who are exposed to peeling paint in apartments, or even dust in the air, can develop significant, lifelong injuries. Pursuant to New York Public Health Law section 1370(6), a lawsuit may be brought on behalf of a child with a blood lead level greater than or equal to 10 micrograms per deciliter of whole blood. Levels greater than 10 are toxic, causing brain damage and other irreversible injuries. Examples include nervous and reproductive system development disorders, delays in neuropsychological and physical development, cognitive and behavioral changes, hypertension, hyperactivity, lower IQ, stunted growth and kidney failure. Very high levels of lead can cause seizures, coma and death.
New York City's Local Law 1 presumes the existence of lead in New York City multiple dwellings built prior to 1960 in which a child less than seven years of age resides. In such cases, the injured party's attorney needs to prove the following elements:
- the landlord retained a right of entry (to the apartment) and assumed a duty to make repairs.
- the landlord knew the building was constructed before 1960.
- the landlord was aware the paint was peeling in the apartment.
- the landlord knew of the hazards of lead to young children.
- the landlord knew a young child lived in the apartment.
In addition, the City of New York enacted a bill known as the Childhood Lead Prevention Act, as part of Local Law 1 (2004) of the City of New York. This law requires landlords to take corrective measures of all lead hazards in apartments and common areas of the buildings.
Jason Shapiro, founder of Shapiro Law Offices, PLLC, discusses in detail in his textbook, The Lawyers' Guide to Personal Injury Law, the many facets involved in properly handling lead paint poisoning cases. Shapiro Law Offices, PLLC has shown its level of expertise in this field by obtaining million dollar recoveries for clients injured as a result of lead paint poisoning.