The Law Offices of Jonathan B. Nelson works on securing the legal rights for children suffering from lead paint poisoning and their families. We do this by zealously seeking medical compensation for your child’s medical expenses, pain and suffering, potentially diminished future income earning potential, and your financial losses associated with providing care.  

» Finding a Party to Sue

The first step in any lead paint poisoning case is identifying what individuals, agencies, or organizations have potential legal responsibility for the effects of the disease. Once a party has been identified, other factors must be taken into account including
1) whether the party is still alive, doing business etc.
2) the type and degree of contribution the party made to the lead paint application and poisoning
3) the amount of time that has passed since the party was in any way involved with the lead paint application and/or poisoning  and
4) the ability of the party to pay should the court order it to do so
5) the law of the state in which the suit is being sought
6) a variety of other considerations that only a lawyer with significant lead paint lawsuit experience would know to look for.     

 

There are a variety of actors that can be held liable for lead paint poisoning. The following list, while in no way exhaustive, provides some potential parties and their contribution.

 

1) Property Managers – May have an affirmative duty to investigate and clean-up lead contamination.

 

2) Contractors hired to remove lead paint – New York City law requires contractors performing construction or renovation work to use safe practices and trained workers.

 

3) Government agencies and other entities – May have an affirmative duty to investigate and clean-up lead contamination.

 

4) Municipalities of cities, counties, and villages – May have an affirmative duty to investigate and clean-up lead contamination. Failure to do so may be considered a special “breach of duty”.

 

5) Landlords and property owners – Both individuals and corporations have a duty to disclose the presence of lead paint and may have an affirmative duty to investigate and clean-up lead contamination. 

 

6) Health Care Providers – Have an affirmative duty under Centers for Disease Control guidelines and certain New York laws to test children’s blood lead levels at 6 months or one year depending on the known existence of lead paint hazards. Regular follow-up testing may be required.  Appropriate treatment for lead poisoning must be administered. Failure to test or treat appropriately may be considered medical malpractice.

Arguing a lead paint case to a jury is a complex matter that involves a tremendous amount of creativity and skill on the part of the attorney. The attorney must present complicated and often abundant scientific and medical knowledge in a manner that will be understood by a jury made up of people with extremely varied backgrounds.

In addition, the information must be presented in a way that does not steal attention from the fact that the client has suffered real emotional, physical, and financial injury.

 

The Law Offices of Jonathan B. Nelson, PC has a roster of medical and environmental experts that can help us convey to the jury the complicated science of lead paint poisoning and the pain and suffering endured by those who are poisoned. These experts are retained to help prepare the case and to testify in court. Some of those who may be chosen to testify include leading professionals in the field of lead paint poisoning and those who pioneered its diagnosis and treatment.

 

If you suspect your child has been lead poisoned, call The Law Offices of Jonathan B. Nelson, PC right away. If appropriate, we will perform an exhaustive search of your child’s school and medical records and have them reviewed by our specialized doctors. In addition, we may begin the process of compiling evidence against those who were responsible for creating the lead paint hazards or for improperly failing to test or treat the condition.