New York Injury Law Blog

As a law firm with years of experience in New York lead posioning cases

we have seen the effects lead can have on families, especially children.  Often, people only think of the lead poisoning occurring from within a building from paint or a from the water coming through old pipes, but a recent New York Times Article shows that lead has seeped into gardens throughout New York. Lead can come from paint removal , leaded gasoline, heavily trafficked roadways or even leaded pesticides and permeate your home grown foods. The harmful effects can last generations.

The side effects of Lead Poisoning can include

• loss of appetite
• constipation or nausea
• stomach pain
• yellow coloring of the skin
• excessive tiring or weakness
• weight loss
• insomnia
• headache
• nervous irritability
• tremors
• numbness
• dizziness
• hyperactivity
• anxiety.

The New York Times Article is a must read if you currently have or are considering an urban garden and want to avoid the harmful effects of lead poisoning.

LEAD   POISONING

While the annual number of children suffering from lead poisoning in New York City continues in the low thousands, the totals have been significantly reduced  over the past decade or so.   This is the direct result of a program of prevention instituted by New York City.

The main causes of childhood lead  poisoning are either peeling lead  paint or lead dust.  Both result from deteriorating lead paint that is then ingested by infants and toddlers crawling on floors or licking fingers after playing with dust covered  toys.

Prolonged exposure to lead  by children can result in severe developmental disabilities that can have serious lifelong effects.   It is extremely important that parents take the measures suggested, to see that this does not occur.

In New York City, all pediatricians are required to test blood levels for lead at  BOTH one and two years old.   If there is any indication at all that there may be a lead  paint problem in the children’s home, then the pediatrician  must also test all children up to age 6.   These tests are extremely important since  most children with elevated blood lead levels show  NO SYMPTOMS  of any sort.   The only way then, to assure  no future injury, is to have the required blood test.

Parents who suspect the presence of lead paint in their home may also call the New York City Department of Health and Mental Hygiene (call 311) and it is very likely an inspector will be sent to inspect the home.  Landlords are  required, even before a family moves into an apartment, to remove all lead paint hazards if it is known that a young child will be among the tenants.  There are penalties, in addition to civil liability in a lawsuit, for failing to do this.

Generally speaking, a blood lead level in a child of 10 or above will be sufficient  to seriously consider a civil lawsuit.  Many other factors affect the determination of whether a lawsuit is appropriate or sustainable.  Experience in bringing lead poisoning lawsuits ought to  be a mandatory prerequisite in choosing an attorney, should the need arise.

Lead Poisoning Fact Sheet

Posted by New York Personal Injury Lawyer Steve Orlow