Lead Poisoning and Premises Liability

Who’s Liable for Lead Poisoning on Public or Private Properties?

Lead can be found in a variety of places, including:

• Water,
• Air, and
• Soil.

West Coast Trial Lawyers have worked with breaches of premises liability contacts. One of the most common sources of lead poisoning comes from construction materials, along with other types of materials found in relatively older homes. Generally, it would come from lead plumbing and lead paint. Household construction work may result in several health risks, including chips of lead paint falling around the property or even in a drink.

This is why it is important to use a testing kit to make sure there is no lead in the house or if an individual is showing any noticeable symptoms of contamination.

Landlord Liability for Lead in Homes or Apartments

It is a requirement for a landlord to inform their tenants about any spaces inside the building that may have lead. The same thing applies for those who are selling their homes to someone else. If the landlord or seller was aware or should have been aware of foreseeable circumstances based on lead exposure, but failed to act accordingly, then they may face a premises liability case for the damages they have caused.

Recovering for Lead Poisoning

Lead poisoning may lead to critical health problems that may even result in death. The landlord and seller may not have the funds to cover any lasting financial or medical costs. If an injured victim happens to have medical insurance, then their insurance company will make payments towards their recovery process. In some circumstances, it may be difficult to determine if lead poisoning liability is covered.

The injured victim would have to sue the landlord or seller along with their insurance company to determine whether or not they had coverage. It is expected that the medical insurer will join the victim in the process of suing the landlord or seller, along with their insurance company. This will help regain costs that were already paid out by the victim’s medical insurer.

Lead Poisoning in the Workplace

If an individual suffered lead poisoning in the workplace, then worker’s compensation will pay for their medical costs and lost income. However, for pain and suffering and emotional damage, the employee must sue the employer. This will help the employee find out if their employer has any coverage they can provide to the employee due to them not properly maintaining a safe work environment.

Due to the level of difficulty that may come about with lead poisoning liability cases, it is highly suggested for individuals to reach out to an experienced premises liability attorney to get legal advice that will guide them in the right direction.

Available Damages

Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.

Economic Damages

Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.

A few examples of economic losses include:

• Loss of Earning Capacity
• Medical Bills
• Lost Wages

Non-Economic Damages

Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:

• Emotional Distress
• Pain and Suffering
• Loss of Enjoyment of Life

Punitive Damages

The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.

Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.

Contact Us to Find Out How We Can Help

If you have sustained injuries in the city of Los Angeles as a result of a premises liability accident, an attorney at West Coast Trial Lawyers can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call us today at (213) 927-3700 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.