The Law Protects Children Against Lead Poisoning and Its Unquestionably Devastating Damage.

Lead paint and its insidious affects on children has been the subject of well documented litigation in New York Courts. The highest court in the state of New York, The Court of Appeals, has relied upon research and information provided by the Centers for Disease Control and Prevention in holding that "lead is a poison that affects virtually every system in the body" and is particularly harmful to brain and nervous system development in children.

This Court of Appeals has also explained that the New York City Department of Health is charged with "enforcing the relevant ordinances and regulations requiring abatement of health hazards associated with the exposure of children to lead-based paint." Since 1960, when the dangers posed by lead-based paint to the children of New York City were recognized, legislation placed a ban on its use.

Children, however, continue to be plagued by the wrath of lead based paint poisoning and its devastating physical, emotional and behavioral consequences. The Court of Appeals has stated that in fact, "lead paint poisoning may be the most significant environmental disease in New York City...."

The environmental hazards of lead based paint are widespread. In fact, all buildings constructed before 1960, the year that lead paint was banned, are presumed to contain lead based paint. Unless a conscientious landlord safely and properly removed all lead paint from their building, the chances are very strong that a building constructed before 1960 still contains lead paint on the walls and window sills of apartments, doors, hallways, radiators and common areas such as laundry rooms.

Children become poisoned from the lead based paint in these buildings when they put paint chips in their mouths and breath or ingest dust containing paint particles that gets on their toys, hands and clothing.

Despite the dangers of lead to children, landlords of pre-1960 buildings continuously fail to inspect and/or abate lead-based paint from their premises, subjecting their tenants and their children to the plague of lead. In response to this utter disregard for the health and well being of our children, New York State enacted Local Law I to specifically target this tragic lead-paint debacle. Legislators fashioned Local Law I in order to impose liability on landlords who fail to abate lead paint on their property.

Local Law I provides in pertinent part: "The owner of a multiple dwelling shall remove or cover in a manner approved by the department any [lead based] paint or similar surface-coating material ... on the interior walls, ceilings, doors, window sills or moldings in any dwelling unit in which a child or children six (6) years of age and under reside."

The Pagan Law Firm, P.C. has successfully prosecuted claims against landlords for failing to abide by the law and remove lead paint hazards from their properties. We have obtained substantial monetary settlements for children who have been damaged from lead paint poisoning and can help your child or a loved one too.

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