Chipping and peeling paint is the most common
and dangerous source of lead for preschool children.
Lead from painted surfaces can enter a child's body completely
undetected. This has been proven in scientific studies and, in
everyday living, when parents, doctors and health agencies investigate
the sources of lead a child has access to and how they become
lead poisoned. Leaded paint naturally erodes to create a chalky
dust and begins to chip and flake away from painted surfaces.
The deteriorated leaded paint becomes part of the house dust and
is inhaled by young children. The simple act of a child breathing
in a leaded environment can begin the poisoning process. It is
the reason why property owners and those responsible for property
management and maintenance have a legal responsibility to keep
their property free of chipping and peeling paint.
In 1978, the Consumer Product Safety Commission banned the manufacture
and use of lead-based paint in residential housing. Unfortunately,
the ban did not require removal of lead-based paint from surfaces
previously coated with this dangerous neurotoxin. Today about
3 million tons of leaded paint remain in approximately 57 million
occupied private housing units built prior to 1980. This represents
approximately 74 percent of all such housing. Despite legislative
efforts to preclude future use of lead-based paint, the Agency
for Toxic Substances and Disease Registry (ATSDR) has stated that
corrective actions have been a complete failure.
In addition to paint, several lead sources in the home can endanger
young children. These include:
»
the home's water supply »
soil, ceramic cookware »
older cribs and toys
While these can contribute to a child's lead poisoning, we
examine where our clients spent most of their time as infants.
The answer is usually "at home" which further supports
the medical and scientific fact that lead paint is the primary
source for a child's lead poisoning.
Your Legal Rights
If your child or your family member has been exposed to lead-based products such as chipping lead paint, or you have experienced lead poisoning symptoms, you may be eligible to file a claim.
