Lead poisoning causes bodily harm when there is a high concentration of metal lead in a person’s body. The presence of high degrees of lead affect various organs and bodily functions, such as the intestines, heart, kidneys and reproductive system. In addition, lead often affects the development of the nervous system, which can be very harmful to people in their youth. Long periods of exposure to lead will lead to symptoms like abdominal pain, unexplained fatigue, headaches, seizures, coma and even death.
Statistics On Lead Poisoning Injuries
According to statistics provided by the Center for Disease Control and Prevention, about 250,000 children in our country, ranging from one to five years old, have a high enough level of lead in their body to be determined as having lead poisoning.Families that live in older residential buildings, particularly those built before 1978, are at particular risk for lead poisoning because of the greater likelihood of lead paint being present.
Additionally, an estimated 48% of Massachusetts homes were built before 1950—28 years before the residential use of lead paint was banned. As a result, many Massachusetts homes have very high levels of lead and pose a grave danger to Massachusetts residents, particularly small children.
How Can I Get Lead Poisoning?
You can be exposed to lead in numerous ways. Being exposed to lead through soil and contaminated water is one of the more common forms of lead exposure. Additionally, if you work or live near a factory that produces lead-products that contain lead, such as smelters, you can be exposed to dust that contains a high proportion of lead. Lead dust can be easily carried home on the clothing of a factory worker, if not careful, and subsequently cause lead exposure and poisoning to the worker's family.
Even more common than water contamination is ingestion or inhalation of lead dust or fumes coming from lead paint and other lead containing products. Other Massachusetts products that may contain lead include ceramic glazes, china, leaded crystal, pewter, imported food cans, car batteries and radiators, imported mini blinds, cosmetics, traditional medications, copper pipes, brass plumbing fixtures and imported candies. Ingestion of lead is very serious, particularly to children who are still in the development stages of their lives.
What are the Common Symptoms of Lead Poisoning?
Symptoms differ for adults and children. Some of the symptoms are:
Adults:
depression
reproductive issues
fatigue
stomach pain, nausea and constipation
headaches
nervous system problems
Children:
reduced mental and physical abilities
stomach pain, nausea and constipation
behavioral issues
How Can I Prevent Lead Poisoning?
Wash bottles, pacifiers and toys after being used and after being in storage.
Clean floors, ridges and window sills to protect children from lead dust and chipped pieces of lead paint.
Ask that those in your home wash their hands more frequently, particularly children.
Decrease the presence of lead products in the household, including old cosmetics, jewelry, batteries, antique toys and lead paint.
Use lead testing kits to identify if there is lead in the household.
Utilize screening programs that target high-risk individuals.
What Should I Do If I Suspect My Child or Another Loved One is Suffering From Lead Poisoning?
You can purchase a home-test kit to test for the existence of lead in your household.
Most importantly, if you or a loved one is experiencing any lead poisoning symptoms, you should seek professional medical treatment right away. Lead poisoning is treatable, but long-term health problems can occur the longer it is left untreated.
You also should keep any evidence relating to the lead poisoning, such as paint chips, contaminated clothing, or a home-test kit that is positive for lead contamination. This evidence can be helpful in proving exposure in the later stages of your case.
Massachusetts property owners are obligated by law to inform a prospective Massachusetts tenant of any possible lead hazards before a tenant signs a lease on a Massachusetts property built before 1978. This is an important element of Massachusetts landlord/tenant law. The following documents must be given to the tenant before a Massachusetts lease is executed:
The Massachusetts Tenant Lead Law Notification and Certification Form
The most recent lead inspection report
A letter of compliance if any lead removal services were performed
Failure to comply with any of these requirements under Massachusetts property law may result in the liability of a Massachusetts property owner. Massachusetts realty agents who fail to warn tenants of the existence of lead, if known, may also be held liable under the Massachusetts Consumer Protection Act, M.G.L. c. 93A. In Massachusetts, it is a Massachusetts landlord’s duty to know the history of his or her property, including whether or not it contains lead paint. Massachusetts law prohibits children under the age of 6 from occupying property containing lead paint in particular areas. A Massachusetts property owner who refuses to rent to a pregnant woman or family with young children may be held liable in a Massachusetts landlord/tenant discrimination claim.
Additionally, Massachusetts manufacturers, Massachusetts distributors, Massachusetts retailers or any other party involved in the “supply chain” of products containing lead may be held liable for damages associated with their contaminated products. Massachusetts product liability law holds manufacturers and sellers strictly liable for the products which they produce, meaning that even if the seller did not directly do anything to contribute to the defect, if the injured party can prove that a Massachusetts product caused his or her injury, the manufacturer or seller may be held liable solely because their defective product caused injury, regardless of fault. Strict liability discourages reckless behavior by manufacturers by forcing potential defendants to take all possible precautions when manufacturing and designing products. It also can simplify and expedite Massachusetts product liability lawsuits.
Damages in Massachusetts Lead Poisoning Lawsuits
If Massachusetts property owners or Massachusetts real estate agents fail to comply with the disclosure laws associated with lead on the premises, they may be liable for up to triple damages, as well as attorney’s fees and expenses, associated with Massachusetts lead paint injuries caused by their negligence.
In Massachusetts, when the injuries are a result of the negligence of Massachusetts manufacturers and distributors, these negligent parties may also be held liable for up to triple the amount of damages under the Massachusetts Consumer Protection Act, M.G.L. c. 93A.
You or your loved one may be entitled to both economic and non-economic damages resulting from your Massachusetts lead poisoning injuries. Economic injuries are measurable money damages, and include compensation for such things as medical bills, lost wages, rehabilitation expenses and any other type of injury with a determinable dollar amount. Non-economic damages include compensation for pain and suffering, emotional distress and loss of companionship. Our expert team of Massachusetts lead poisoning lawyers can help determine the extent of your injuries, the potentially liable parties and the maximum damages you are entitled to as a result of your Massachusetts lead poisoning injury.
Second, our Boston lead poisoning accident attorney specialists always provide our clients with exceptional client service. This is as important to us as the outcome of your lead poisoning case. Our Boston lead poisoning law office keeps every client fully informed of the progress of his or her lead poisoning accident case. As part of this commitment, all of our lead paint poisoning clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our clients. Our level of client service truly distinguishes us from other Massachusetts accidental lead poisoning law firms. The Boston, MA lead poisoning attorneys at our lead poisoning accident law office never act on behalf of a client without first thoroughly discussing the matter at hand with our client and jointly coming to a decision beforehand. Our Massachusetts lead poisoning accident law office endeavors to represent each of our clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique lead poisoning case deserves.
Our driving motivations of superior client relations and exceptional legal counsel make us a Boston law firm you can trust and depend on to skillfully handle your Massachusetts lead paint poisoning case.
