Holding Landlords Accountable for Toxic Lead Paint Poisoning in Older Rental Housing
If you rent a home or apartment in Kentucky, your landlord has a legal duty to keep it reasonably safe. One of the most serious health risks hiding in older rental housing is lead paint. If you or your child has been harmed by lead paint in your rental home, you may be entitled to compensation.
Satterley & Kelley, PLLC attorneys in Louisville get results. Our clients have obtained hundreds of millions of dollars in settlements and verdicts. If you have questions about how you can obtain compensation for lead poisoning caused by your landlord, call us at (855) 385-9532.
What Is Lead Paint?
Lead-based paint is paint or any surface coating containing lead equal to or exceeding 1.0 milligram per square centimeter or 0.5% by weight. There’s evidence these types of paints were used as early as 3000 BC. If you live in a home built before 1978, there is a real chance that lead paint is still present somewhere on your walls, woodwork, windows, or doors.
Why Was Lead Added to Paint?
Lead was added to paint because it improved it in the following ways:
- Bright, lasting colors
- It covered surfaces well, so fewer coats were needed
- The paint dried faster and lasted longer
- It resisted moisture and wear
Lead paint was widely used for generations and was considered a high-quality product.
Why Was Lead Paint Banned in 1978?
The harm lead does to people has been documented for centuries, going back to ancient Romans, who wrote about paralysis, madness, and death of those working with lead and their family members. By the 1920s, the negative effects of lead poisoning in the US were well-recognized, including children who ate chips of paint containing lead.
In 1971, Congress passed the first federal regulation on lead paint, and seven years later, the US Consumer Product Safety Commission banned its use in residential housing. The ban covered the application of new lead-based paint. It didn’t mandate the removal of lead paint already in homes. When this old paint peels, chips, or crumbles, it creates hazardous dust and chips that can poison anyone living in the home.
Why Is Lead Paint Dangerous?
Lead is a toxic metal. When lead paint chips, peels, or crumbles, it creates dust that people can inhale or swallow. Young children are especially at risk because they often put their hands and objects in their mouths, and their still-growing bodies absorb lead more easily than adult bodies do.
What Is Lead Poisoning?
There’s no known safe blood lead level (BLL) in children. Even low levels of it are associated with developmental and learning delays, as well as behavioral issues. Lead’s effects can be permanent and disabling.
The federal Centers for Disease Control and Prevention (CDC) uses a blood lead reference value (BLRV) of 3.5 micrograms per deciliter. This helps identify children with BLLs higher than those in most children. The CDC estimates that about 500,000 children in the US have BLLs at or above the BLRV.
What are Lead Poisoning Symptoms?
The CDC warns that lead poisoning can damage the brain, nervous system, and other organs. Symptoms in children may include slowed growth, speech delays, and problems with learning, behavior, and hearing. In adults, lead poisoning can cause headaches, stomach cramps, joint pain, trouble sleeping, and mood disorders.
Do Kentucky Landlords Have to Provide Safe Housing?
Kentucky law requires landlords to provide housing that is safe and fit to live in. Under the Kentucky Uniform Residential Landlord and Tenant Act (URLTA), landlords must comply with all building and housing codes that affect health and safety, make repairs to keep the home livable, and keep common areas clean and safe.
URLTA protections apply in Kentucky cities and counties that have formally adopted it, including Louisville and Lexington. If you live elsewhere, URLTA may or may not cover your home. If not, local ordinances, building codes, and lease language may affect a landlord’s obligations to keep your rented home safe.
What Does Federal Law Require of Landlords Regarding Lead Paint?
Under the Residential Lead-Based Paint Hazard Reduction Act of 1992, landlords of most homes built before 1978 must do all of the following before you sign a lease:
- Give you a copy of the EPA pamphlet called “Protect Your Family from Lead in Your Home”
- Tell you in writing about any known lead paint or lead paint hazards in the home, including where the paint is located and the condition of painted surfaces
- Include a lead warning statement in the lease itself
It applies to most private rental housing, public housing, and housing that received federal assistance and was built before 1978. Most importantly, a landlord who hides known lead paint hazards and fails to warn you may be held legally responsible for any harm you or your family suffers as a result.
The federal Environmental Protection Agency’s (EPA) Lead Renovation, Repair, and Painting Rule, or the RRP Rule, requires that any person or company paid to renovate, repair, or paint that disturbs painted surfaces in a home built before 1978 must be certified by the EPA as trained in lead-safe work practices.
The RRP Rule matters to tenants because ordinary repair work done incorrectly can release dangerous clouds of lead dust into a home, making a bad situation much worse. If your landlord or a contractor hired by your landlord did repair or renovation work in your pre-1978 rental home without proper certification, that failure to follow federal law may be relevant to a legal claim for lead poisoning.
When Can a Kentucky Landlord Be Held Legally Responsible for Lead Poisoning?
A Kentucky landlord may be held legally responsible for your lead poisoning when the landlord:
- Knew about a lead paint hazard and failed to fix or disclose it
- Failed to follow applicable laws and housing codes related to lead safety
- Failed to provide a reasonably safe home
Possible compensation in these cases may include medical costs, pain and suffering, lost future earning ability, and the cost of long-term care.
If a successful lawsuit establishes that your landlord knowingly failed to comply with the Residential Lead-Based Paint Hazard Reduction Act of 1992, you may receive up to three times the amount of your damages, court costs, and your attorneys’ fees.
Your Health and Your Rights Matter
Lead paint poisoning is preventable. When a Kentucky landlord fails to keep your rental home safe or lies about known lead paint hazards, they may be legally responsible for the harm they cause. If you or someone in your family has been injured by lead poisoning caused by conditions in your rental housing, you need not face this alone.
Satterley & Kelley, PLLC’s Louisville attorneys represent people who are seriously injured due to the negligence of others, including exposure to toxic substances like lead. Call us at (855) 385-9532, locally at (502) 589-5600, or complete our online contact form to schedule a free consultation.