The Harding Law Firm News

Personal Injury Claims Against Apartment Owners: Lead Paint

Harding Law Firm - Thursday, February 27, 2014
As an apartment owner, you know how difficult it can be to find responsible tenants. Landlord and tenant disputes are almost commonplace these days. As an owner though, having an experienced law firm on your side is key to protecting yourself and your investments. This is especially true if a tenant tries to sue on the grounds or personal injury due to the presence of lead paint.

Lead Paint and Personal Injury Cases

Many apartment owners find themselves faced with defending a claim for personal injuries in connection with a plaintiff’s alleged exposure to lead paint. These claims can arise as much as 20 years after the exposure. Most property insurance policies do not provide coverage for these personal injury claims. The Harding Law Firm is experienced in defending such claims. The courts have held that in order to win a plaintiff is required to show:

“that the landlord (1) retained a right of entry to the premises and assumed a duty to make repairs, (2) knew that the apartment was constructed at a time before lead-based interior paint was banned, (3) was aware that paint was peeling on the premises, (4) knew of the hazards of lead-based paint to young children and (5) knew that a young child lived in the apartment".

Need to Defend a Lead Paint Personal Injury Claim?

It is often very difficult for the plaintiff to prove that the property owner had such notice. If you are faced with defending a lead paint exposure claim, call the Harding law firm at 518-384-3400. Feel free to email us and schedule a free consultation.

Charles R. Harding has over 30 years experience practicing personal injury law. When early resolution of the case is not possible or appropriate, it is important to have the courtroom skill, experience and resources necessary to obtain a successful jury verdict.