How Do I Know If I Have a Lead Poisoning Claim?

Posted on behalf of Peter T. Nicholl in Lead Paint Poisoning Published on January 23, 2020 and updated on March 6, 2022.

lead hazard warning tapeMaryland is home to a number of beautiful, historic buildings. However, many of these homes built prior to the 1970s contain lead, a highly toxic metal that poses a serious risk for residents, especially young children.

If you or a family member has suffered from the harmful effects of exposure to lead, it is important that you understand your legal rights. Our Maryland lead paint poisoning lawyers are ready to review your situation and determine whether you may have a valid claim for compensation in a free consultation.

Liability in a Lead Poisoning Case

Lead poisoning can result in the need for ongoing or lifelong medical care once it is diagnosed. However, this process can be difficult because some symptoms of lead poisoning are non-specific and could relate to a number of other illnesses. It can also be hard to identify the source to prevent further exposure.

Maryland has a variety of laws that landlords and property owners must comply with to ensure that their properties are safe from lead paint and lead dust. If a landlord or property owner knew or should have reasonably known about the presence of lead but did nothing to remove it or warn a tenant or buyer about it, he or she could potentially be held liable for damages that result from that exposure.

Legal Requirements of Landlords Regarding Lead

Under the federal Residential Lead-Based Paint Disclosure Program, landlords that lease apartments or homes built before 1978 are required to disclose certain information about lead hazards in the home before finalizing any deals.

A disclosure form approved by the Environmental Protection Agency (EPA) must be signed by both the landlord and tenant and the landlord must keep a copy of this document. Additionally, tenants must receive an informational pamphlet that has been approved by the EPA or state environmental agency that explains how they can protect themselves from lead hazards in the home.

Landlords that violate these rules can be penalized by fines up to $16,000 for each incident. They can also be held liable for injuries that tenants receive because of these violations.

Maryland also has a state-specific program that imposes additional legal requirements on landlords. Maryland’s Lead Poisoning Prevention Program helps reduce the number of lead poisoning cases.

The state’s Department of the Environment has even proposed regulations for risk reduction treatments and lead paint reduction services. If a tenant notifies the landlord of deteriorated paint in a residence built before 1978, an inspection must be conducted to assess the risk and risk reduction work must be completed.

The Value of a Lead Poisoning Case

The value of a lead poisoning case will depend on several factors unique to your circumstances. This includes the severity of your injury and the financial losses that stem from it as well as the following:

  • Whether lead testing has ever been performed on the property
  • Whether evidence of lead paint is only circumstantial
  • Whether a blood-lead test was done during or after living on the property
  • Whether there are other probable causes for the amount of lead in the body
  • Whether other factors could have contributed to your symptoms

Filing a Claim for Lead Poisoning

Individuals who are adversely affected by lead poisoning may be able to file a claim against the party who was responsible for keeping the property safe, such as the landlord or property owner.

Children are more susceptible to suffer serious consequences from lead poisoning, including devastating physical and mental consequences. An experienced lead poisoning lawyer can determine all potentially liable parties and take care of the legal process of filing a lead poisoning claim.

Contact Our Dedicated Attorneys Today

If you or your child was exposed to large amounts of lead, it is important to obtain medical treatment and then seek legal representation as soon as possible.

The legal team at Peter T. Nicholl Law Offices have represented many Maryland residents and have recovered millions in compensation for our clients over the years. We are prepared to review your claim and determine your legal options during a free consultation. There is no obligation to take legal action.

Gives us a call at 410-244-7005 to learn more about your rights.