Lead Poisoning Lawyer

Fighting for New York Families Affected by Lead Exposure

At Kelner & Kelner, we understand the devastating impact lead poisoning can have on New York City families. Our team of dedicated NYC lead poisoning lawyers has a proven track record of holding negligent property owners accountable and securing the compensation families need to address ongoing medical concerns and other damages.

Can You Sue If Exposed to Lead?

Yes, you can sue if you or your family member has been exposed to lead. In New York City, landlords, property owners, management companies, and other parties have a legal obligation to prevent lead exposure, particularly in buildings constructed before 1978. If these parties fail to properly inspect for lead hazards, maintain safe conditions, or remediate known lead problems, they can be held liable through a personal injury claim.

As NYC lead poisoning lawyers, Kelner & Kelner helps affected families pursue compensation for medical expenses, developmental services, educational support, pain and suffering, and other damages resulting from lead exposure. To establish a viable claim, we must demonstrate that a responsible party knew or should have known about the lead hazard, failed to address it properly, and that this negligence directly caused measurable harm. The strongest cases involve documented elevated blood lead levels, clear evidence of the lead source, and medical documentation linking the exposure to specific health effects.

Understanding Lead Poisoning in New York City

Lead poisoning remains a significant public health concern across the five boroughs. Despite regulations designed to protect residents, many New York City buildings—particularly those constructed before 1978—still contain lead-based paint and other lead hazards. When these materials deteriorate, they can release toxic lead particles into the air and onto surfaces, creating serious health risks, especially for children.

Health Effects of Even Low Levels of Lead Exposure

As NYC lead poisoning lawyers, we at Kelner & Kelner know that even minimal lead exposure can cause serious, permanent health damage, particularly in developing children.

• Brain Development: Lead exposure can impair cognitive function, leading to reduced IQ scores and diminished academic performance in children exposed to this toxic substance.
• Behavioral Changes: Children with lead poisoning often exhibit increased impulsivity, aggression, and antisocial behaviors that can persist throughout their development.
• Learning Disabilities: Even low levels of lead in the bloodstream can contribute to attention disorders, reading difficulties, and other learning challenges that affect educational outcomes.
• Nervous System Damage: Lead targets the central nervous system, potentially causing tremors, weakness, and coordination problems in both children and adults.
• Kidney Function: The kidneys are particularly vulnerable to lead toxicity, which can result in reduced filtration efficiency and long-term renal damage.
• Cardiovascular Effects: Adults exposed to lead face increased risks of hypertension and heart disease, even years after the initial exposure.
• Reproductive Health: Lead poisoning can cause reduced fertility, increased risk of miscarriage, and complications during pregnancy.
• Hearing Loss: Research has linked lead exposure to damage of the auditory nerves and hearing impairment in children and adults.
• Digestive Problems: Lead poisoning commonly manifests as abdominal pain, constipation, and appetite loss, particularly in young children.
• Delayed Physical Growth: Children with elevated blood lead levels often experience stunted growth and delayed physical development compared to their peers.
• Blood Cell Production: Lead interferes with the body's ability to produce healthy blood cells, potentially resulting in anemia and related complications.
• Bone Health: Lead stored in bones can leach back into the bloodstream years later, causing renewed health issues during times of bone remodeling such as pregnancy or osteoporosis.

If you suspect your child or family member has been exposed to lead in your NYC home or apartment, contacting an NYC lead poisoning lawyer at Kelner & Kelner can help you understand your legal rights and pursue a personal injury claim against negligent property owners.

New York City Lead Laws and Regulations

As NYC lead poisoning lawyers, Kelner & Kelner is thoroughly familiar with the complex legal framework governing lead safety in residential buildings throughout the five boroughs.

• Local Law 1 of 2004: Also known as the Childhood Lead Poisoning Prevention Act, this cornerstone legislation requires landlords to identify and remediate lead-based paint hazards in apartments where children under six reside.
• Annual Notice Requirements: Property owners must distribute annual lead paint notices to all tenants, inquiring about the presence of children under six and conducting visual inspections in applicable units.
• Turnover Obligations: Landlords must perform comprehensive lead paint testing and remediation between tenants, ensuring apartments are safe before new occupants move in.
• Lead-Safe Work Practices: All renovation and repair work that disturbs lead paint must follow strict safety protocols established by the EPA's Renovation, Repair, and Painting Rule to prevent dangerous lead dust contamination.
• HPD Enforcement Authority: The NYC Department of Housing Preservation and Development has broad powers to issue violations, impose penalties, and order emergency remediation when landlords fail to address lead hazards.
• Lead in School Water: NYC public schools must conduct regular testing for lead in drinking water and take immediate corrective action when elevated levels are detected.
• Lead in Day Care Facilities: Day care centers operating in NYC must verify lead-safe conditions and maintain proper certification before receiving licensure.
• Record-Keeping Requirements: Building owners must maintain detailed records of all lead inspections, tenant notifications, and remediation work for at least 10 years.
• Window Guard Regulations: Property owners must install and maintain window guards in apartments where children under 11 reside, which also helps prevent exposure to lead paint on window frames.
• Disclosure Requirements: When selling or renting property built before 1978, owners must disclose any known lead paint hazards and provide federally mandated lead information pamphlets.
• NYC Building Code Section 2405: This provision establishes specific standards for lead abatement work and requires certification for contractors performing remediation.

When property owners violate these crucial regulations, our premises liability lawyers at Kelner & Kelner can help affected families pursue personal injury claims to secure compensation for medical expenses, developmental services, and other damages resulting from preventable lead exposure.

How a Lead Poisoning Lawyer Can Maximize Your Compensation

At Kelner & Kelner, our NYC lead poisoning lawyers employ proven strategies to secure the highest possible recovery for families affected by lead exposure throughout the five boroughs.

• Comprehensive Investigation: Our team conducts thorough property inspections, reviews maintenance records, and analyzes historical documentation to establish clear liability against negligent property owners or other responsible parties.
• Multiple Defendant Strategy: We identify all potentially liable parties—including landlords, property management companies, contractors, and product manufacturers—to ensure every responsible entity contributes to your compensation.
• Medical Documentation: Our NYC lead poisoning lawyers work closely with healthcare providers to thoroughly document the connection between lead exposure and specific health conditions, strengthening the causation element of your personal injury claim.
• Expert Testimony: Our NYC lead poisoning lawyers collaborate with toxicologists, neuropsychologists, economists, and child development specialists who can compellingly explain complex lead poisoning effects to insurance adjusters, mediators, and juries.
• Regulatory Violation Evidence: We meticulously document every violation of Local Law 1 and other lead safety regulations, using these legal infractions to establish negligence and strengthen liability claims against property owners.
• Long-term Impact Assessment: Rather than focusing solely on current medical expenses, our NYC lead poisoning lawyers project the lifetime costs of developmental services, educational support, and diminished earning capacity to ensure compensation addresses future needs.
• Detailed Discovery Process: Our premises liability lawyers employ aggressive discovery tactics to uncover internal communications, maintenance records, and prior complaints that reveal a pattern of negligence or knowledge of lead hazards.
• Strategic Negotiation: Our NYC lead poisoning lawyers leverage decades of experience to effectively counter common defense tactics and insurance company strategies designed to minimize compensation for lead poisoning victims.
• Trial Preparation: By thoroughly preparing each case for trial with compelling exhibits, witness testimony, and persuasive legal arguments, we strengthen our negotiating position and often secure better settlements without court proceedings.
• Timing Considerations: We strategically time settlement discussions and litigation milestones to maximize leverage and prevent unnecessary delays that defendants often use to pressure financially stressed families.
• Documentation of Non-Economic Damages: Our NYC lead poisoning lawyers develop compelling evidence of pain, suffering, and diminished quality of life through detailed family testimony, day-in-the-life videos, and other persuasive documentation techniques.
• Settlement Structure Analysis: Our NYC lead poisoning lawyers evaluate whether structured settlements, special needs trusts, or other financial arrangements will maximize the long-term benefit of your compensation while protecting eligibility for public benefits.

If your family has been affected by lead poisoning, contact our NYC lead poisoning lawyer team at Kelner & Kelner today to discuss how our personalized legal approach can help secure the full compensation you deserve through a successful personal injury claim.

Financial Compensation You Can Pursue in a Lead Poisoning Lawsuit

As dedicated NYC lead poisoning lawyers, Kelner & Kelner works diligently to secure comprehensive compensation that addresses both the immediate and long-term consequences of toxic lead exposure for our clients.

• Medical Treatment Costs: Recovery for past and future healthcare expenses, including hospitalization, diagnostic testing, specialist consultations, medications, and ongoing monitoring of blood lead levels.
• Developmental Therapy: Compensation for speech therapy, occupational therapy, physical therapy, and other specialized interventions necessary to address developmental delays caused by lead poisoning.
• Special Education Services: Funding for educational support programs, tutoring, learning aids, and specialized schooling that may be required for children suffering from lead-related cognitive impairments.
• Diminished Earning Capacity: Financial recovery for the reduced ability to earn income throughout the victim's lifetime due to permanent cognitive or physical disabilities resulting from lead exposure.
• Pain and Suffering: Monetary compensation for the physical discomfort, emotional distress, and reduced quality of life experienced by lead poisoning victims.
• Emotional Distress: Damages for the psychological impact on both the victim and family members who must cope with the challenges of lead-related health conditions.
• Remediation Expenses: Reimbursement for costs associated with temporary relocation, property decontamination, replacement of contaminated belongings, and lead abatement measures.
• Punitive Damages: In cases involving particularly egregious landlord negligence or willful violations of lead safety laws, additional compensation may be awarded to punish wrongdoers and deter similar conduct.
• Parental Lost Wages: Recovery for income lost when parents must take time away from work to care for children affected by lead poisoning or attend medical appointments.
• Environmental Testing: Reimbursement for expenses related to professional lead testing of your home, belongings, soil, or water supplies used to establish the source of exposure.
• Home Healthcare Services: Compensation for in-home nursing care, assistance with daily activities, and other support services required for severely affected individuals.
• Wrongful Death Damages: In the most tragic cases where lead poisoning results in death, surviving family members can pursue compensation for funeral expenses, loss of companionship, and other related damages.

Our premises liability lawyers at Kelner & Kelner understand the devastating financial impact that lead poisoning can have on New York families, and we fight aggressively to secure a personal injury claim settlement that fully addresses both current and future needs resulting from this preventable harm.

How Lead Exposure Occurs in NYC Homes

At Kelner & Kelner, our NYC lead poisoning lawyers routinely investigate various exposure pathways that put New York families at risk, particularly in older buildings throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

• Deteriorating Lead Paint: When paint containing lead chips, peels, or creates dust in pre-1978 buildings, it becomes easily ingested or inhaled by residents, especially curious young children who may put contaminated hands or objects in their mouths.
• Renovation Activities: Improper scraping, sanding, or demolition work can release dangerous lead dust throughout a residence, creating hazardous conditions that responsible contractors are legally required to prevent.
• Window Friction Surfaces: The repeated opening and closing of windows with lead paint creates fine dust particles that settle on sills and surrounding areas, creating an ongoing exposure risk in many NYC apartments.
• Contaminated Soil: Lead from exterior paint, industrial emissions, or leaded gasoline has accumulated in soil around many NYC properties, presenting risks when children play outdoors or when soil is tracked inside.
• Lead Service Lines: Aging water infrastructure in many New York neighborhoods can leach lead into drinking water, particularly in buildings with original plumbing systems that haven't been updated.
• Water Fixtures and Solder: Even with safe municipal water supplies, internal plumbing components containing lead can contaminate drinking water at the tap, especially when water sits stagnant overnight.
• Imported Products: Certain toys, spices, ceramics, cosmetics, and jewelry—particularly those imported from countries with less stringent regulations—may contain significant amounts of lead that can be ingested or absorbed.
• Lead Crystal and Ceramics: Antique or improperly glazed dishware can leach lead into food and beverages, creating an unexpected exposure source in many New York homes.
• Vintage Furniture and Antiques: Older painted furniture, particularly items made before 1978, may contain lead paint that deteriorates over time and releases toxic particles.
• Radiator Paint: Many NYC apartments have old radiators coated with lead paint that can release toxins when heated during winter months.
• Common Area Contamination: Hallways, stairwells, and other shared spaces in pre-war buildings often contain lead hazards that can be tracked into individual apartments.

If your family has suffered from lead poisoning due to any of these exposure sources, our premises liability lawyers can help you pursue a personal injury claim against negligent property owners, manufacturers, or contractors who failed to maintain safe conditions in your NYC home.

Signs and Symptoms of Lead Poisoning

One of the challenges with lead poisoning is that symptoms often don't appear until dangerous amounts have accumulated. Some common signs include:

In children:

• Developmental delays
• Learning difficulties
• Irritability
• Loss of appetite
• Weight loss
• Sluggishness and fatigue
• Abdominal pain
• Vomiting
• Constipation
• Hearing loss

In adults:

• High blood pressure
• Joint and muscle pain
• Difficulties with memory or concentration
• Headache
• Abdominal pain
• Mood disorders
• Reduced sperm count or abnormal sperm
• Miscarriage or premature birth in pregnant women

If you suspect lead exposure, seek medical attention immediately and then consult with an NYC lead poisoning lawyer at Kelner & Kelner about your legal options.

Your Legal Rights in Lead Poisoning Cases

New York law provides several avenues for pursuing compensation when lead poisoning occurs due to another party's negligence. These include:

1. Premises liability claims: Property owners have a duty to maintain safe conditions and can be held liable for injuries resulting from lead hazards.
2. Negligence claims: When parties fail to take reasonable precautions to prevent lead exposure, they may be liable for resulting damages.
3. Statutory violations: Failure to comply with lead laws and regulations can form the basis for legal action.

As experienced NYC lead poisoning lawyers, we identify all potential claims and responsible parties to maximize your recovery. Our personal injury claim process is thorough and designed to address the full extent of your damages.

Potential Liable Parties in Lead Poisoning Cases

Depending on the circumstances of your case, various parties may bear legal responsibility:

• Landlords and property owners
• Property management companies
• Contractors and renovation companies
• Government housing authorities
• Product manufacturers or distributors
• Previous property owners who failed to disclose lead hazards

Our NYC lead poisoning lawyer team conducts extensive investigations to identify all potentially liable parties and hold them accountable.

Why Timing Matters in Lead Poisoning Cases

New York's statute of limitations restricts the time you have to file a personal injury claim related to lead poisoning. Generally, adults must file within three years of discovering the injury, while children have until their 20th birthday. However, evidence can deteriorate over time, so it's crucial to consult with an NYC lead poisoning lawyer as soon as possible.

Areas Our Lead Poisoning Lawyers Serve

The NYC lead poisoning lawyers at Kelner & Kelner represent families affected by toxic lead exposure throughout New York City's diverse neighborhoods and surrounding communities.

• Manhattan: Our Manhattan personal injury lawyers handle cases in historic districts like Harlem and the Lower East Side where aging housing stock presents significant lead hazards, as well as cases involving renovations in upscale neighborhoods like the Upper East Side and Tribeca.
• Brooklyn: From pre-war brownstones in Bedford-Stuyvesant to aging apartment buildings in Williamsburg and Crown Heights, our personal injury team in Brooklyn addresses the unique lead exposure challenges faced by residents throughout Brooklyn's rapidly changing neighborhoods.
• The Bronx: We represent families in high-risk areas like Mott Haven, Hunts Point, and Fordham where deteriorating housing conditions and environmental justice concerns often contribute to elevated lead poisoning rates among children.
• Queens: Our NYC lead poisoning lawyers serve diverse communities from Jackson Heights to Jamaica, addressing lead hazards in both single-family homes and multi-unit dwellings throughout Queens' varied neighborhoods.
• Staten Island: We handle cases involving older homes in neighborhoods like St. George and Tompkinsville, as well as addressing lead contamination from industrial sources that affect Staten Island communities.
• Long Island: Our personal injury claim services extend to Nassau and Suffolk Counties, where lead exposure occurs in aging suburban homes, renovated properties, and areas with industrial contamination.
• Westchester County: Families in Yonkers, New Rochelle, White Plains, and surrounding communities benefit from our experienced representation in lead poisoning cases involving both residential and commercial properties.
• Hudson Valley: Our reach extends to Rockland, Orange, and Putnam Counties, where we address lead poisoning matters in both historic homes and newer developments with contamination issues.
• New Jersey: Across the Hudson, we represent families in urban centers like Jersey City, Newark, and Hoboken where aging infrastructure and housing stock create significant lead exposure risks.
• Public Housing: We handle complex cases involving NYCHA properties throughout the five boroughs, navigating the unique legal challenges of pursuing claims against public housing authorities.
• School and Daycare Facilities: Our team represents children exposed to lead in educational settings, holding both public and private institutions accountable for maintaining safe environments.
• Community Facilities: We address lead poisoning cases occurring in parks, playgrounds, and other public spaces where environmental contamination or deteriorating structures create exposure risks.

If your family has been affected by lead poisoning in any of these locations, contact Kelner & Kelner today to discuss your personal injury claim with our experienced NYC lead poisoning lawyer team who understand the specific challenges and regulations relevant to your community.

Take Action to Protect Your Family's Future

If lead poisoning has affected your loved ones, don't face this challenge alone. The NYC lead poisoning lawyers at Kelner & Kelner stand ready to help you seek justice and secure the compensation needed for recovery and ongoing care. Contact our premises liability team today for a confidential consultation about your potential claim.

Lead Poisoning Lawyer in NYC FAQs

How long do I have to file a lead poisoning lawsuit in New York? For adults, New York's statute of limitations generally allows three years from discovery of the injury to file a claim. Children have until their 20th birthday to bring a lawsuit, regardless of when the exposure occurred. However, it's advisable to consult with an NYC lead poisoning lawyer as soon as possible, as evidence can deteriorate over time.

What evidence is needed to prove a lead poisoning case? Successful cases typically require documented elevated blood lead levels, environmental testing confirming lead sources in your home, medical records linking exposure to specific health issues, proof of the property owner's knowledge of lead hazards, and documentation of local law violations. Our premises liability lawyers at Kelner & Kelner help gather and preserve this crucial evidence.

How much does it cost to hire a lead poisoning lawyer? Kelner & Kelner handles lead poisoning cases on a contingency fee basis, meaning you pay no upfront costs or attorney fees unless we secure compensation for your personal injury claim. This arrangement ensures all affected families can access quality legal representation regardless of financial circumstances.

Can I still file a claim if my landlord fixed the lead hazard after my child was exposed? Yes. Remediation after the fact does not absolve property owners of liability for prior negligence. If your child was exposed to lead before repairs were made, you still have grounds for a personal injury claim. The subsequent repairs may actually serve as evidence that the landlord acknowledged the hazard.

What if my child's blood lead level is below 5 μg/dL? While higher lead levels strengthen a case, the CDC recognizes that no level of lead is safe for children. Even levels below 5 μg/dL can cause measurable cognitive impairment and other health effects. Our NYC lead poisoning lawyers have successfully represented families with children showing various blood lead concentrations.

Do I need to move out of my apartment to file a lead poisoning lawsuit? Not necessarily, though safety is paramount. If active lead hazards remain, relocation may be advisable for health reasons. Filing a lawsuit does not require you to vacate, and in some cases, the legal action may compel landlords to properly remediate the hazards while you remain in the unit.

How are children typically exposed to lead in NYC apartments? Most childhood exposures occur through ingestion of lead dust from deteriorating paint, contaminated soil, or water. Children commonly transfer lead dust from surfaces to their mouths through normal hand-to-mouth activity. Inadequate cleaning, improper renovations, and poorly maintained painted surfaces all contribute to this exposure risk.

What should I do if I suspect lead in my apartment but my landlord refuses to test? Contact NYC's Department of Housing Preservation and Development (HPD) to report suspected lead hazards and request an inspection. You can also hire a certified lead inspector independently. Document all communications with your landlord about your concerns, as this creates important evidence for a potential personal injury claim later.