Massachusetts Academy of Trial Attorneys
Massachusetts Bar Association 1911
Plymouth County Bar Association
The American Trial Lawyers Association

Lead Paint Poisoning

The caring Brockton lead paint poisoning attorneys at Sousa & Sousa are committed to helping victims of lead paint poisoning obtain compensation for their injuries. We have successfully handled all types of personal injury and product liability actions, recovering monetary damages for victims in Brockton and the surrounding Massachusetts area.

Lead paint poisoning is a common cause of illness in Massachusetts and the United States. Even in small quantities, lead can cause serious, lifelong health problems that often escape diagnosis. Lead poisoning is especially harmful to children, compromising their mental and physical development. The danger of lead poisoning is that it accumulates in the body over a period of time. Therefore, multiple or constant exposure to lead can seriously compromise your health. Unfortunately, lead poisoning is hard to detect and symptoms may not appear until dangerous amounts of this toxic element have built up in the body. At very high levels, lead can be fatal.

Lead is a naturally occurring element found in common household items like batteries, solder, pipes, pottery, roofing materials, and even cosmetics. In small amounts, lead should be harmless, but activities like mining, manufacturing, and burning fossil fuels have caused poisoning to become more widespread. People who work in auto repair, home remodeling, and with batteries are more prone to exposure because lead is a key ingredient in paint and gasoline. In addition to lead-based paints and pipes, other sources of lead exposure include:

  • Soil
  • Toys
  • Pottery
  • Household dust
  • Some herbal “remedies”

State and federal laws require removal of dangerous levels of lead paint in products and housing facilities. Massachusetts law requires the removal of any dangerous levels of lead paint at the owner’s expense. It also prohibits reprisals or discrimination against tenants who report the presence of lead paint or other dangers to public health. State “de-leading” regulations likewise establish safety standards for renovation, repair, and painting work that disturb lead paint in target housing and child-occupied facilities. Residents exposed to lead paint may bring a premises liability claim against the landlord or property owner because lead paint is considered a dangerous condition on property.

Because lead poisoning is especially toxic to children, parents may bring a product liability claim against the manufacturer if their child is harmed by exposure to lead paint. Adults who suffer health issues caused by products containing lead can also file an action for breach of implied warranty. Under Massachusetts product liability law, manufacturers are liable for injuries caused by any foreseeable use of the product. At a minimum, manufacturers have a duty to warn consumers about foreseeable dangers, such as the use of lead paint in their products. Consumers who can show injury caused by use of the merchant’s defective product are entitled to recover several types of damages, including medical expenses, lost income, and pain and suffering.

Like manufacturers, employers are also required to follow strict standards to prevent workers’ exposure to toxic substances like lead paint. Failure to perform regular safety inspections and post warning signs in affected work areas constitute serious OSHA violations. Employers also have a duty to ensure their workers wear safety masks and follow specific procedures to minimize their exposure to hazardous chemicals. Employees harmed by exposure to lead paint may file a workers’ compensation claim to recover damages, including medical expenses, lost wage benefits, and death and funeral costs.

If your illness was caused by lead paint, contact the experienced Brockton lead paint poisoning lawyers at Sousa & Sousa immediately. We can help you identify all liable parties, whether they are manufacturers, employers, or property owners. Our firm is dedicated to defending the rights of injured people in personal injury, product liability, and premises liability claims. For over 37 years, we have helped residents throughout Massachusetts get back on their feet. For a free consultation call our Brockton/Easton office at 508-230-5300 or contact us online.