What is my landlord’s responsibility if my son has elevated lead levels in his blood?

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What is my landlord’s responsibility if my son has elevated lead levels in his blood?

My 14 month old son tested positive for his lead levels being elevated, so I have taken him to take the lead test for the state. Now my question is because the house I live in is over 100 years old and at the time we rented the land lord (who lives on first floor and has only owned the house for 2 years) said to his knowledge, there was no lead in the house but you can see chipping paint in my stairwell. So I’m wondering what action if any do I take from here.

Asked on November 2, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the landlord failed to take precautions against lead paint required by law, and/or misrepresented (lied) about  lead, then he would potentially be liable for your son's medical care and any injuries he sustains. What you should do is IMMEDIATELY speak with an attorney who handles cases like this, so you learn about what the case may be worth, how strong it is, and what you need to do to protect your rights and any evidence.


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