When a lead poisoning attorney handles a case, the work is almost always considered a form of injury law practice. Each case, however, can have its own logic for why there might be liability. Consequently, it's not uncommon for people in different cases to pursue different types of defendants. Let's look at four such scenarios and what you need to know about each one.
From the perspective of a lead poisoning lawyer, the logic that supports a claim against a landlord is based on what's known as a warrant of habitability. Essentially, a landlord must disclose anything that might reduce the habitability of a house or an apartment.
Note that very few jurisdictions have requirements for landlords to remove lead from properties, even in fairly strong regulatory environments like California. Landlords do, however, need to disclose the presence of lead when they rent to tenants. If lead is present in a housing unit, most of the liability claim will hinge on what was or wasn't disclosed in the original rental agreement.
A similar logic applies when you purchase a house. This sort of issue, however, overlaps a bit with real estate law because failure to disclose the presence of lead in a house can be considered a form of misrepresentation. In extreme cases, where the seller tried to hide the fact, it might even rise to the level of fraud. As with rental cases, the original documents covering disclosures will be a big deal in pursuing a claim.
Illegally exposing people to lead is considered a form of negligence. If the exposure was done knowingly and workers were ordered to proceed into areas where lead was present, this can rise to a level of negligence known as wanton disregard.
You should note these sorts of claims are not usually workers compensation cases. The comp system is meant to cover accidents that predictably can happen on the job. Instead, a lead exposure claim is an injury case, despite being pursued against your employer.
A product with lead in it is rarely sold in the U.S. without extensive warnings and disclosures attached. Generally, if a product is sold without these notices, it's due to a breakdown of quality controls during the manufacturing process. Your lead poisoning lawyer, however, will want to have a look at any documentation or labels that might have been included at the time of purchase before moving ahead with a case against the manufacturer. In some instances, these case may instead be brought against suppliers.
For more information, reach out to a lead poisoning lawyer.Share