Lead Exposure Lawsuits: Who Is Liable for Lead Paint or Lead Pipes?

Although lead paint was banned from residential paint in 1978, millions of American homes still contain it. Lead paint can be found under newer coats of paint or in aging water service lines. For children, the consequences can be permanent, with even low levels of lead exposure leading to cognitive, attention, and behavioral issues. The risks are greatest for children under six years old. Landlords, property management companies, municipal water authorities, and sometimes former lead paint manufacturers may be liable for injuries caused by lead exposure.

If you are harmed by lead paint exposure, several parties may be liable. An experienced toxic tort attorney in your area can guide your next steps.

Who May Be Liable for Lead Exposure?

Several parties may be liable for lead exposure. Common negligent parties are landlords, property management companies, municipal water authorities, and former lead paint manufacturers.

Negligent Landlords

Landlords are the most common defendants in childhood lead paint cases. A landlord can be negligent if they contribute to a child’s lead exposure by failing to remove peeling paint or ignoring tenant complaints or health department orders.

State and local lead laws can also add duties and strengthen claims when a landlord fails to follow local laws and ordinances.

Property Management Companies

When a property owner or landlord hires a property management company to handle tenant repairs and communications, they may become liable for lead exposure that harms a child. These companies may share liability for ignored complaints or unsafe repair work.

In many personal injury cases, property management companies are named as co-defendants with the landlord.

Municipal Water Authorities

When lead exposure results from lead in water service lines, municipal water authorities can be liable for damages. Claims against these entities include:

• Failed corrosion control
• Failure to monitor
• Failure to provide notice to the public

For example, the lead water crisis in Flint, Michigan, resulted in numerous lawsuits related to contaminated drinking water. Investigations determined that there were high levels of lead in children’s blood, which was responsible for brain damage, developmental delays, and other significant health problems.

Former Lead Paint Manufacturers

Although manufacturers can be held liable for damages caused by exposure to lead-based paint, it is difficult to pin down a particular manufacturer. When decades pass after the paint was used on the home, identifying the product becomes incredibly difficult.

Some courts have proceeded against former lead paint manufacturers on public nuisance theories, such as the California abatement settlement, while other courts have rejected such claims. Damages outcomes for lead-hazard cases vary by state.

Proving Lead Poisoning Claims Involving Children

Proof in lead poisoning cases centers around three questions:

1. Was the child exposed?
2. Was the child harmed?
3. Where did the lead come from?

Elevated Blood Lead Levels (BLL)

A blood test can reveal whether BLLs are elevated. Specifically, a lead test consists of a capillary screening confirmed by a venous blood draw.

As of October 28, 2021, the Centers for Disease Control and Prevention (CDC) uses a blood lead reference value (BLRV) of 3.5 micrograms per deciliter (µg/dL) to identify children with blood lead levels that are higher than most children’s levels. When the test is repeated, it builds an exposure timeline based on move-in dates, complaints, and repairs. This can provide powerful support in a lead exposure lawsuit.

Cognitive and Developmental Testing

Cognitive problems and developmental delays are among the most commonly reported physical symptoms in young children exposed to lead. Neuropsychological evaluations of IQ, attention, memory, and behavior can document these complications.

School records and special education plans also add supporting evidence. In most cases, the plaintiff will need an expert witness to support the case the personal injury lawyer is building.

Environmental Testing

Environmental testing also plays a large evidentiary role in lead exposure lawsuits. Health department reports serve as strong evidence, especially when repair orders were ignored.

XRF (X-ray fluorescence) analysis and lab testing of lead paint chips are the two primary methods used to evaluate lead-based paint. Samples can be obtained through a lead dust wipe and soil sampling. Water testing and service line inspection are also types of environmental testing, depending on the case.

Landlord Duties Under Title X

The Residential Lead-Based Paint Hazard Reduction Act of 1992, enforced by the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing and Urban Development (HUD), is major legislation addressing lead as a toxic substance.

Under federal law, the EPA and HUD must establish regulations, training standards, and certification programs for contractors performing lead inspections, risk assessments, and abatements.

This statute applies to most homes built before 1978, with limited exemptions. Among other requirements, the law requires a landlord to do the following before signing a lease:

• Disclose known lead paint or hazards
• Share available reports and records
• Provide the EPA pamphlet Protect Your Family From Lead in Your Home
• Include a signed Lead Warning Statement
• Keep records for at least three years

Title X requires disclosure, but it does not require testing or removal of the toxic metal or lead paint dust. If a landlord fails to meet its duties, federal civil and criminal penalties apply. Additionally, private lawsuits allow up to three times the actual damages, plus attorney’s fees, for knowing violations.

A missing disclosure form can indicate that the landlord knew, or should have known, about the hazard.

Statutes of Limitations and Tolling for Minors

Tolling can become an important procedural mechanism when a child has been harmed by lead, but their parent did not bring the case on their behalf while they were a minor. In such cases, most states pause the deadline until the child turns 18.

For example, if a child was poisoned at age two, they may have until age 21 in a state with a three-year limit for filing personal injury cases. This matters because harm often comes to light once the child begins attending school.

Some claims relating to childhood lead poisoning cannot be tolled, so it’s important to consult a lead poisoning lawyer who can advise you of all relevant deadlines. The following situations are cases where claims may not be tolled: parents’ claims for medical costs and cases against government defendants (such cases often require notice within nine months). Some states cap tolling or apply statutes of repose.

Even if tolling applies, it may be beneficial to explore the legal rights available now, as evidence fades as properties are renovated and records are lost. Thus, claims may be effectively ended because it becomes difficult to obtain evidence to prove the case.

Contact an Attorney If Lead Exposure Harmed Your Child

If you or your child were harmed by lead exposure, multiple parties may be liable. Given that strong claims rely on medical, developmental, and environmental evidence, you should consult an experienced lead poisoning attorney early. An experienced toxic tort attorney can help identify every potentially responsible party, coordinate expert testing, and protect critical deadlines.