How can I hold my landlord responsible for my daughters getting lead poisoning?

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How can I hold my landlord responsible for my daughters getting lead poisoning?

He found out 2 months ago that the health department had opened an investigation against him for lead, yet instead of attempting to correct the problem he tried to have us evicted (the eviction was dismissed). We stayed at the property until a week ago and he had yet to begin any repairs. Are we entitled to any compensation for negligence? We are finding it hard to find a place to live due to financial constraints and because any future property we reside in will have to be inspected by the health dept before we can move into it.

Asked on October 8, 2012 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may have a cause of action if the landlord either knew he had lead-based paint or else failed to comply with state or city regulations on lead. If there is reason to think your daughter has lead poisoning, it would be worthwhile to speak with a personal injury attorney about the situation, since lead poisoing could (hopefully will not, but could) have a profound effect on her life. Good  luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a landlord is required to advise his or her tenants immediately of any health issues concerning the rental that the tenant occupies learned by the landlord. This was not done in your matter.

As such, the landlord could very well be responsible for all damages suffered by your daughter and others due to lead poisoning as well as a rental rebate. I suggest that your daughter consult with a landlord tenant attorney about what her potential legal recourse would be against the landlord based upon what you have written.


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