Can i sue my landlord for the lead paint in our home that caused my son to get l!

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Hello,

I think this question is analogous to the issue of Asbestos in old buildings.

Asbestos was legal when it was put into old buildings as an insulation around hot pipes. However, when it became known that asbestos causes a dangerous type of lung cancer, ("mesothelioma"), then work-place owners had to remove it (or shield it) in all their work-places, because they owed a "Duty of Care" to their Employees. Mesothelioma is so specific an illness, that if someone contracted it, there was (and is) a presumption that their Employer failed in his duty of care, and is liable for damages.

The question is, in my opinion, whether a Landlord owes you a duty of care. I am not a Lawyer, just an interested amateur, - - but here is an interesting quotation, concerning The Landlord and Tenant Act 1985... It is to be found here, (click) http://www.lettings-landlords.co.uk/info…

" Unfortunately several landlords are of the impression that they do not have to do anything. Well, you do because you have a duty of care to your tenant! The term duty of care is valid to just about everything we do in everyday life. We all have a duty of care to each other! You must ensure that the dwelling is safe, hygienic and that all the items in the property are safe to use. We all know about the gas, Electric and Furniture regulations, but bear in mind that you should ensure that any other possible problem could be put down to your negligence."

If the Landlord owes you a duty of care to provide a safe home for you, (in return for your rent money), then you can certainly sue, and indeed you *should* sue, in my opinion.

Beyond this basic principle, which you should get confirmed, - the case will turn on the evidence, especially,

- (1) The evidence that your son's illness is lead poisoning,

- (2) The evidence that your son was able physically to lick the walls,

- (3) The evidence that there is lead paint on the walls, and that it is exposed, (not "shielded" effectively)

- (4) It may be possible to get the lead in your walls examined by "Mass Spectrometry," a laboratory technique which will show the proportions of the various "isotopes" of lead in the paint. If your doctors can recover a microscopic sample of lead from your son, and it matches the lead in the walls, then you have a cast-iron evidential case.

My advice is that you consult a Lawyer on a "No-Win No-Fee" basis.

I'd quite like to know how it goes, my email is <belliger@nym.hush.com> The reason is that I am worried, that because you seem to have such a good case, a Lawyer may try to rip you off. You need to agree that he gets the smallest possible percentage of your damages.

If you go to a Lawyer and he says, yes, I think you have a really solid case here, I would love to represent you, - your next step is to find out his percentage. Then you don't accept it! No! You go to another Lawyer and ask his percentage! One more Lawyer at least! I'm afraid that in the tragic Miners' Lung cases, the Miners won, but their Lawyers took nearly all the (considerable) damages.

You should go to the Lawyer's with a good friend, who is solid and brave, and preferably one who has no respect for, or indebtedness to Lawyers. In fact, if you happen to live in North Yorkshire, I will come with you! : )


Best wishes,

Belliger
retired uk doctor

P.S. Please don't let the vulgar abuse which I see in other Answers, put you off.

Yes.And,you should.I've read 3 answers that are indeed incorrect.And,the one answer that has made any sense is obvious to anyone.I strongly suggest you find your son a good lawyer,and make sure that you get a second and even a third opinion.That way whatever lawyer your landlord may have will not be able to say that you've only received 1 diagnoses,and by you receiving several diagnoses for lead poisoning would benefit your child a great deal then only having one.You must get your twin child diagnosed asap(as soon as possible).This is a serious issue,and I strongly advise you to take action...after all..these are your children,and their health,and safety always come first.Your landlord has a responsibility to his/her tenants,and should always provide safe and healthy living conditions.And,it's obvious...your landlord has failed to meet his/her responsibilities.Good luck and I hope everything works out for you.I wouldn't do anything...even move out..until you speak with a lawyer.Your landlord might be responsible for paying your hotel fees,and so forth...if your willing to take this matter to a lawyer.Take care.

If you are having a lead issue and you think you have money for suing folks that why on earth don't you just move and get on with it?

http://lawsuitinfo.info/ has a lot of good information on how to sue someone in small claims court or civil court.

http://lawsuitinfo.info

Lead paint hasn't been used for decades. Just how long has it been since there was any painting done in there?

What are your damages?

no you cant sue anyone lead paint was legal when the building was painted