What is Lead Poisoning?
Lead is a toxic chemical that can make you sick if it accumulates in your body over time. Lead poisoning is especially dangerous for children and pregnant women. Although lead was banned for consumer use in the United States and the Lead-Based Paint Poisoning Prevention Act of 1971 has significantly restricted its use in manufacturing and construction, lead poisoning is still a serious public health issue. Lead is still used industrially and remains in older products and imported products. Many children still contract lead poisoning from exposure in older homes and aging infrastructure. Lead may also be in the air, soil, or water. The most common source of lead poisoning is dust and chips from lead-based paint.
Health consequences from lead poisoning typically take several years to manifest and are irreversible. In children, lead poisoning causes developmental delays, behavioral issues, and physical symptoms such as fatigue, loss of appetite, abdominal pain, and speech and hearing problems. In adults, lead poisoning causes joint and muscle pain, memory and attention problems, and mood disorders. In pregnant women, lead exposure can cause miscarriage, stillbirth, and premature birth.
When Can You File a Lead Poisoning Lawsuit?
Both state and federal laws include protections to prevent lead exposure, but they often are not vigorously enforced. Those who have been exposed to lead and have suffered health consequences from their exposure may be able to file a lawsuit with a personal injury lawyer from a reliable law firm like Eglet Adams, to try to help enforce their rights and to seek compensation for their injuries.
The defendants in a lead poisoning lawsuit will be determined by the people or entities responsible for the source of the plaintiff’s exposure to lead. For instance, if you are exposed to lead at an industrial facility and contract lead poisoning, you might sue the company that runs the facility. If you suffer lead poisoning from exposure on public property or property you have rented, you might sue the property owner in a premises liability or personal injury lawsuit.
If lead exposure has diminished the value of your property, you can also file a lawsuit even if you, fortunately, haven’t suffered lead poisoning.
If you are considering filing a lead poisoning lawsuit, you should consult with a lawyer to make sure you do not miss the statute of limitations on your claims.
Proof in Lead Poisoning Lawsuits
The plaintiff in a lead poisoning lawsuit will have to prove by a preponderance of the evidence that their exposure to lead and their health problems are correlated. In order to do this, the plaintiff will likely have to introduce evidence of their medical records confirming the time period during which their symptoms developed. The plaintiff will also have to present evidence of a blood test confirming that they have developed lead poisoning and proof that they were actually exposed to lead by the product or property they claim they were exposed to. The process of gathering the proof needed for the litigation can take many months or longer because it requires obtaining and reviewing medical records and consulting with many different experts.