Exploring Lead Paint Exposure and Landlord Liability

Lead paint exposure presents significant health risks to those who come in direct contact with it. Unfortunately, the health risks of even low amounts of lead exposure weren’t known until the late 1970s. That means that there are lots of older residential properties with lead paint lying beneath safer types of paint. While few units should still have lead paint as their most recent coat of paint, there is always the risk of exposure—and with the risk of exposure comes health issues, especially among children.

What happens if a landlord puts you in a unit with lead-based paint without informing you? Are you entitled to damages if you or your loved ones become ill? Learn more now, and if you believe you have a claim, call Reeves & Mestayer at 855-558-2977.

Risks of Lead Paint Exposure

Lead paint was commonly used in residential properties until the late 1970s. The paint deteriorates over time, and when it does, it creates lead dust and chips that you can accidentally inhale or ingest. The risk is especially high when you are remodeling and chipping away at the base level of the wall for a fresh repaint. Those who don’t know that lead paint lies underneath may fail to use the appropriate safety gear.

While anyone can be damaged by exposure to lead paint, those in particular danger include pregnant women, animals, and young children. Children who are exposed to lead paint may suffer from developmental delays and learning disabilities.

A Landlord’s Legal Responsibilities and Obligations

Lead paint is such a serious issue that there are federal regulations in place regulating the use of lead-based paint. The Residential Lead-Based Paint Hazard Reduction Act, often shortened to Title X, requires that landlords disclose the presence of lead-based paint in units built in or before 1978. This law also requires sellers to disclose known lead-based paint hazards in a home. This law is wide-reaching, covering federally owned housing, public housing, private housing, and housing units that receive federal assistance.

This information must be given to you when you sign a lease, and your lease must include a statement that the landlord has complied with all legal requirements regarding lead paint disclosures.

What happens if a landlord decides to renovate or remodel a home? These activities are likely to disturb any lead-based paint lying underneath, resulting in lead dust and chips. A landlord must follow the regulations given by the Lead Renovation, Repair, and Painting program. RRP projects that disturb lead-based paint must be performed by lead-safe certified contractors. This is where many landlords fall short of complying with the law; hiring certified contractors is more expensive than going with the lowest bidder, so a landlord focused on saving money may put residents and contractors at risk.

Liability in Lead Paint Exposure Claims

If a tenant is harmed by exposure to lead-based paint, the landlord may be held liable for their medical bills and other losses. You must be able to prove that the landlord was negligent, though. This means showing that they either knew of the presence of lead-based paint or should have known of the presence of lead-based paint. 

While a landlord may claim that they truly did not know about lead paint in their unit, ignorance does not always absolve them of liability. In a unit older than 1978, a landlord should expect that lead-based paint is present and undergo the appropriate testing. A landlord may also be held liable if they undergo renovations that are not safely done by the appropriate contractors.

Seeking compensation involves proving that there is lead-based paint in your home, showing that the landlord knew or should have known, and demonstrating your losses. Working with a personal injury attorney can help you fight for compensation in Biloxi.

Reach Out to Reeves & Mestayer to Fight for the Compensation You Deserve

If you or someone you love has been harmed by lead paint, don’t wait a moment longer to talk to the team at Reeves & Mestayer. Contact us at 855-558-2977 or send us a message online to take the first step.