Lead Paint Injuries FAQs

1. How is a person exposed to lead paint?
Many old houses throughout the country are contaminated with lead-based paint, a poisonous substance that is harmful to the development of young children. People are exposed to lead by breathing in or swallowing microscopic lead dust from the paint while in their homes and yards. Children are the highest at risk for lead paint exposure through ingestion.

2. Is lead paint exposure harmful?
Exposure to lead can cause serious health problems, including brain damage, learning disabilities, behavior problems, stunted growth, and reduced attention span and intelligence.

3. What are the symptoms of lead paint exposure?
Most children with lead poisoning do not show any outward symptoms unless levels are extremely high. Therefore, most cases are undiagnosed. Children may show symptoms such as:

• Nausea
• Irritability
• Constipation
• Stomach aches

Adult symptoms are much more pronounced:

• Mood swings
• Irritability
• Severe abdominal pain
• Headaches
• Loss of motor coordination

4. How is lead paint poisoning treated?
The most common treatment for lead poisoning is called chelation therapy. Chelating agents are administered to the body either orally or intravenously. These agents bind themselves to the lead in the body's soft tissues, reducing the toxicity level. This process usually requires hospitalization for approximately one week. Side effects such as decreased appetite are quite common.

5. Who can be sued in a lead paint lawsuit?
Lead paint lawsuits can be filed against landlords, lenders, or paint manufacturers. From a legal standpoint, a lead expert must be retained to determine the source of the lead. The sources to be tested include residences, or other places where the individual may have been exposed. In addition, a doctor should be consulted for testing purposes to determine the level of lead-related injuries. Contact Epperly & Follis, P.C. today to discuss your specific case.

6. How do I know if my home has lead-based paint?
About two-thirds of the homes built before 1940, and one-half of the homes built from 1940 to 1960, contain lead paint. Some homes built after 1960 also contain lead paint. It may be on both interior and exterior surfaces, particularly on woodwork, such as doors and windows. If you rent, your landlord should provide you with a lead paint letter notifying you if lead paint was used on the premises and whether or not it has been removed. A landlord who fails to comply with these EPA regulations faces penalties of up to $10,000 for each violation. In addition, a landlord who is found liable for tenant injuries from lead may have to pay the tenant three times what he or she suffered in damages.

7. Why is lead poisoning called the "Silent Disease"?
Lead poisoning has been called the silent disease because its effects occur gradually, often showing no obvious symptoms. Very low blood lead levels have been associated with learning disabilities, growth impairments, permanent hearing and visual impairment, and other damage to the brain and nervous systems. In large doses, lead exposure can cause brain damage, convulsions, and even death. Lead exposure before or during pregnancy can also alter fetal development and cause miscarriages.

8. Is it difficult to prove a lead paint injury?
Yes, it can be difficult to prove injury in a toxic exposure case like lead paint, particularly if you have developed a subtle injury or a slow developing disease due to low dose exposure. To win your case, your attorney will prove that the toxic exposure was a substantial factor in causing your injury or damage. Your case will be aided if it can be proven that there was enough exposure to lead paint to activate your disease and that a demonstrable relationship between the lead paint and the biological disease exists in science.

9. Do I need an expert witness to prove a lead paint injury case?
Expert testimony will be necessary to establish that the lead paint was wrongfully released into the environment. The expert will then establish a relationship between the toxin and your injury and, establish the extent of your injury and damages. A number of experts can testify in toxic tort cases including toxicologists, epidemiologists, statisticians and occupational health experts.

10. Is injury from lead paint a toxic tort?
Yes. A toxic tort is a personal injury caused by contact with a toxic substance. Some of the toxic substances that have caused significant injury are:

• Lead-based paint (brain damage, especially in children)
• Asbestos (lung cancer, restrictive lung disease)
• Dry cleaning and other solvents (brain damage, major organ damage)
• Pesticides (birth injuries)
• Electro-magnetic fields from utility wires or major appliances (suspected cancer)
• Toxic landfill waste (leukemia, other syndromes)