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Lead Poison Questions

What is lead poisoning?

Lead poisoning is a medical condition that may be caused due to an over abundance of lead content in the body. Sometimes, it may be caused due to lead content in the paints that have been used in households. Individuals who may be affected or have lead poisoning symptoms due to the paint may have legal rights and be able to sue their landlords, homeowners, and or home manufacturers for damages. It is important to know the legal consequences of lead poisoning so that people know what steps to take if they may need to take legal actions or are at the risk of being sued themself. Given below are legal questions about lead poisoning that people may ask.

Can someone be sued for lead poisoning in a house that they used to own if they are on social security benefits?

Most of the times, people who do not have an income and survive on social security or retirement benefits, may be considered to be judgment proof. This means that their income may not be garnished for any case unless it is mixed with any other income that they may receive from other sources. Hence, it may be pointless to sue someone who is living on social security.

What is the statute of limitations for a lead poisoning case if the person is under 18?

The statute of limitations for a lead poisoning case may not come into effect till the person who has had lead poisoning turns 18 years of age. Once the person is 18, the statute of limitations comes into play and is 3 years from the day the individual turns 18.

What would be a landlord’s legal responsibilities towards the tenant if his/her tenant is found to have lead poisoning from the house?

According to the Residential Lead-Based Paint Hazard Reduction Act, the landlord may be liable towards the tenant if he/she gets lead poisoning from the house. He/she may have to get the lead removed from the house by getting a licensed contractor. The landlord may also have to pay for the injuries that the tenant may have acquired due to the lead poisoning. If the landlord fails to comply with the law about letting the tenant know of the lead, he/she may have to pay a fine of up to $10,000 for each violation.

What can an individual do if his/her son gets lead poisoning from the lead in the paint of the house?

An individual may sue his/her landlord if his/her child gets lead poisoning due to the lead content that was used to paint the house. The individual may sue the landlord for medical as well as punitive damages. If the landlord refuses to change the paint of the house, he/she may also sue the landlord for breach of lease and make him/her pay for the individual’s relocation.

It is important for you to know what your legal rights are if you have been infected by lead poisoning. It may not be easy for you to get all the information that you need on your own. You can always ask an Expert if you have any questions regarding lead poisoning.
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