The Harmful Effects of Lead: Lawsuits and Legal Information

Lead can be especially hazardous for children and pregnant women. But anyone can be at risk of lead poisoning. Lead still lurks in older homes, aging plumbing, and household items. You and your family may be at risk of lead poisoning and not even know it.

Consumers have filed thousands of lawsuits against manufacturers, landlords, and public agencies for failing to prevent or warn about lead exposure, especially in children who suffered long-term health effects.

This article discusses how lead poisoning lawsuits work and what you can do to improve your chances of recovering damages. You will also find news updates and recalls for lead contamination in children’s products and environmental health.

Sometimes, lead poisoning prevention is not enough. You could become ill from lead in your drinking water, paint on your walls, or everyday products you or your child uses. Thankfully, there are laws that allow you to pursue compensation if you or a loved one experiences lead poisoning. Contact an attorney near you to share your story and learn your options.

What Is Lead?

Lead is a highly toxic metal found in the Earth’s crust. Companies like to use lead in their products because it’s durable, malleable, and corrosion-resistant. More companies would use it if it weren’t so dangerous.

Although the government has banned lead paint, its use in other products remains legal. This is why so many people with lead poisoning don’t know how they got sick. They don’t realize that they come into contact with lead more often than they think.

You may have a legal claim if you or your loved one develops lead poisoning. A product liability lawyer can determine if you can sue and help prove your claim.

Homeowners and Contractors Used Lead-Based Paint for Years

For decades, companies have used lead in consumer goods and construction. But one of the most common sources of lead is lead-based paint.

The federal government banned lead-based paint in residential housing in 1978. Some states stopped its use earlier. But, lead-based paint may still exist in older homes and office buildings.

Most homeowners and commercial property owners have removed lead from their properties. However, it still exists in many plumbing systems that contain lead pipes. Installing a water filtration system is cheaper and easier than replacing your entire system.

You can also use a certified lead abatement contractor to minimize the health impacts of lead in your home. This tool from the EPA can connect you with the right professional to perform lead-based paint abatement, renovations, dust sampling, inspections, and more.

How To Prove You Have Lead Poisoning

If you believe you have lead poisoning, seek medical attention immediately. Your doctor can measure your lead levels using a simple blood test. If you have elevated blood lead levels, you may deserve compensation. It depends on the source of lead exposure and whether a third party caused it.

One of the reasons you must seek medical care is that your personal injury attorney will need proof that you are sick. The best way to do that is through medical records. Your attorney may also need an expert to prove that lead exposure caused your illness. The expert may also have to demonstrate that another party is responsible for your lead poisoning.

Liability for Lead Poisoning Illnesses

Lead poisoning cases fall under product liability. In some cases, your attorney can also sue for premises liability. It depends on where you encountered the lead. It also depends on how you came into contact with this toxic substance.

If you encounter lead in a household or consumer product, you may have a claim against the:

• Product manufacturer
• Distributor
• Wholesaler
• Retailer

Your product liability lawyer must show that the defendant knowingly sold a product containing lead and failed to warn consumers about the risks associated with the product.

Some people who live near industrial centers, factories, and toxic waste sites develop lead poisoning. In these cases, you may be able to sue the factory owner or other party for negligence. For example, if a local glass manufacturer dumps its waste in the soil or water in your town, you may be able to sue them for damages.

Properties containing lead are tricky. It’s easy to think you can sue the company that built the home. But, tracking down a company building houses before 1978 is challenging. Even if you do, they may argue that you should’ve inspected your property for lead-based paint and pipes and had it removed.

Another situation in which you may sue for lead poisoning is if you work with or near lead. You may have to file a workers’ compensation claim if your employer doesn’t offer personal protective equipment (PPE). This is something your product liability lawyer will help determine.

Lead Poisoning Damages and Legal Options

If you win your lawsuit, your attorney will demand the defendant pay your damages. Damages in a lead poisoning case are similar to damages in any personal injury lawsuit.

You may recover some or all of the following types of damages:

• Medical expenses and future medical bills
• Property damage
• Lost wages and lost future income
• Pain and suffering
• Emotional distress
• Punitive damages

If your loved one dies from lead poisoning, your attorney may be able to file a wrongful death lawsuit. You must check the laws in your state because some states don’t allow family members to sue for wrongful death. In these states, the personal representative of your loved one’s estate may have to file suit.

Challenges of Winning a Lead Case

Lead poisoning cases can be more complicated than other personal injury cases. Your illness may not appear right away. It can take years for the symptoms of lead poisoning to appear.

In these cases, your attorney must work harder to prove causation. The defendant will argue that something other than their actions caused your illness.

Childhood Lead Exposure is Especially Problematic

Childhood lead poisoning is more common than you may think. The harmful health effects of lead poisoning are severe for young children. Children under 6 are especially vulnerable to these health problems. The risk of lead exposure can lead to cognitive disabilities in young children. It can also harm their growth and development, causing learning and behavioral problems.

Children are curious creatures. They’ll touch anything. Young children will even put things like lead chips in their mouths. This is why you must remove all lead and lead dust from your home.

Some of the more serious side effects of lead poisoning in children include:

• Brain damage
• Behavior and learning disabilities
• Developmental delays
• Hearing problems
• Headaches

You should seek medical attention immediately if you notice any of these symptoms. According to the Environmental Protection Agency (EPA), removing all lead sources from your home or office is the best way to avoid these problems.

The following are notable recalls and research updates involving lead exposure in children.

January 2024: Recall of Lead-Contaminated Children’s Applesauce Packets

According to the U.S. Centers for Disease Control and Prevention (CDC), tainted applesauce manufactured and sold by WanaBana USA caused nearly 300 cases of lead poisoning. There were 31 cases in Missouri as of late December 2023.

After learning the pouches contained lead, WanaBana announced a voluntary recall of its “Applesauce Cinnamon Fruit Squeezable Pouches” in November. The company recalled all inventory of the product from such retailers as Amazon, Family Dollar, and Dollar Tree.

The company marketed squeezable applesauce to children. Kids are especially vulnerable to lead poisoning because they are still growing and developing. In Missouri, families can have their children take a blood lead test. A health care provider can determine whether the child has high lead levels. The government made testing available at several locations, and parents paid $29 per test.

November 2023: FDA Limits Lead Concentration in Baby Food

In November 2023, the U.S. Food and Drug Administration (FDA) announced it would introduce new guidelines for baby food and food products targeting children under two years old.

The new guidelines will limit lead concentrations in all food products for babies and young children to 10 parts per billion (ppb). The new limit for dry cereals will be 20 parts per billion.

According to the FDA, these new limits will help reduce children’s lead exposure by as much as 27%.

November 2022: Bentex Recalls Clothing Containing Lead

In November 2022, Bentex, a clothing manufacturer, recalled 87,000 units of children’s products due to lead poisoning. According to the U.S. Consumer Product Safety Commission (CPSC), the textile paint on the front of the kids’ outfits contained lead. The manufacturer issued the recall, realizing it violated the federal ban on lead paint and lead-based materials.

Consumers who bought these recalled products could demand a full refund. There is no evidence that consumers sued the children’s clothing company.

July 9, 2022: New Jersey Initiative for Lead-Free Homes

At the end of the fiscal year in June 2019, the New Jersey Department of Health announced that more than 4,000 children in N.J. had elevated lead levels. As a result, the government created a $170 million initiative to remove lead from older homes within the state. Ideally, the new program will improve public health, promote healthy homes, and prevent lead poisoning.

The lead content ban took effect in the 1970s. But, many older homes still have lead. State law doesn’t force homeowners to undergo lead inspections. Nor can the state demand that homeowners perform lead removal or abatement in their homes.

This new initiative will target older homes with children. Under the program, inspectors will identify homes with elevated lead levels and perform the necessary remediation. The goal is to keep children safe and secure treatment for those kids with potential lead poisoning.

March 2022: Leaded Gasoline Leads to Loss of IQ Points in Americans

According to a study in Proceedings of the National Academy of Sciences, leaded gasoline in the U.S. may have caused the loss of over 800 million IQ points. For more than 70 years, American oil companies used lead in gasoline. Automobiles released dangerous levels of lead through exhaust.

People born before 1996 likely had much higher blood lead levels than people born later. The federal government didn’t ban leaded gasoline until then. According to the study, exposure to lead through car exhaust likely decreased people’s IQ.

Getting Legal Help With Your Lead Poisoning Case

Homeowners can take action to remove lead-based paint from their homes and filter their drinking water. But when it comes to product recalls, parents are at the mercy of manufacturers. Whether it’s your child’s sippy cup or straw bottle, you should be able to assume they’re lead-free.

If you or your child develops childhood lead poisoning, you have options. Contact an attorney to learn how to protect your legal rights and seek compensation. Many attorneys offer free case evaluations.

FindLaw’s product liability attorney directory can get you started. Select your state or city to review contact and ratings information for local experts. Your search results will also link you to additional details about the attorneys’ experience with lead poisoning litigation.