lead paint

According to the Centers for Disease Control and Prevention (CDC), the primary source of elevated blood lead levels in Virginia children under age six is dust from lead-based paint in many of the state’s 1.8 million homes built before 1978. Although lead contained in paint is banned in the United States, it persists in the form of house dust and paint chips, especially in poorer neighborhoods.

For three decades, the lawyers of Cuthbert Law Offices have championed the rights of people and communities harmed by toxic substances. By limiting the scope of our practice to personal injury law, we can offer clients more effective and knowledgeable service.

Lead-based paints were commonly used in the 1950s and '60s. According to the Alliance to End Childhood Lead Poisoning, 30 million U.S. homes built before 1960 still have lead in them. In 1978, Congress banned the use of lead in paint. However, layers and layers of old lead-based paint remain on houses and apartments constructed before the ban went into effect.

Lead can do great harm, especially to young children. Children 6 years old and under are most at risk because their bodies are still developing. While lead can impact nearly every system in the body, there may be no obvious symptoms of lead poisoning and it often goes unrecognized. Lead at very high levels can cause brain swelling, convulsions, coma and even death. At low levels, lead poisoning has been associated with loss of IQ points and intellect, learning disabilities, academic failure, attention problems (ADHD and ADD), hyperactive behavior, school failure, and antisocial or criminal behavior.

Lead poisoning is often hard to diagnose because most people do not show any outward symptoms unless lead levels are very high. Children may show symptoms such as:

Adult symptoms include:

The treatment for childhood lead poisoning, known as chelation, historically often involved a painful hospital procedure with injections that caused lead to be excreted in the urine. Recently, oral chelation drugs have been developed which can be administered without hospitalization.

The federal government has a goal of eliminating childhood lead poisoning by 2010. In 2006, the Environmental Protection Agency proposed new requirements to reduce exposure to the hazards of lead-based paint during renovation, repair and painting. Since 1992, laws have been passed to address health problems associated with lead poisoning. Under the Residential Lead-Based Paint Hazard Reduction Act, every individual renting, buying or renovating an apartment or home built prior to 1978 must be supplied with the EPA pamphlet, “Protect Your Family From Lead In Your Home” or a state-approved version of the pamphlet. Landlords and tenants must also sign an EPA-approved disclosure form that must be kept as part of the property owners’ records for three years from the date of tenancy. In buildings or rental units constructed before 1978, the EPA requires that tenants receive the lead hazard information at least 60 days prior to the start of renovation. Landlords who fail to comply with EPA regulations may face penalties of up to $10,000 for each violation. Property owners who neglect to obey local and federal health and housing codes and regulations, or who refuse to respond to a tenant's request for repainting, may be liable. Their negligence may have allowed lead-based paint to deteriorate and become lead paint chips or the lead-contaminated paint dust that poisons our children.

In lead paint cases, it is essential that measures be taken promptly to preserve evidence and investigate the incident in question, in order to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of injury caused by lead paint, contact Cuthbert Law Offices online today.