Do I have grounds to sue my landlord for negligence regarding lead paint poisoning?

UPDATED: May 25, 2012

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Do I have grounds to sue my landlord for negligence regarding lead paint poisoning?

My 15 month old daughter was diagnosed with lead poisoning and the lead poison control authority sent an inspector to my home to locate the source of the problem. She isolated it to the peeling /flaking paint around the windows having been ingested. She notified my landlord of his responsibility to fix. He painted over the peeling paint on the windows in 1 room and said he’d return for the other windows almost 6 months ago. Since then he has made no attempts to follow-up on those other windows and the ones he painted over are already peeling again. I just moved out, however, I took pictures of the windows in question. Do I have a valid complaint for his negligence for her exposure to further injury?

Asked on May 25, 2012 under Personal Injury, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written with respect to the fact pattern of your child's exposure to lead paint, it would appear that you may have a legal basis for bringing a lawsuit against your former landlord under several theories of liability. For that, you should immediately consult with a personal injury attorney.

If your landlord knew about lead paint at the unit before you moved in and did not disclose this to you, there may be liability for his or her failure to do so. Subsequent remedial efforts that were not adequate that caused further damages to your child as you have written may also be a basis for liability as well.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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