| If your child is seriously harmed by the lead in a building, then it is possible to sue the owner of the building. Some lawyers will even take "lead" cases on a contingency basis and collect their fees from damages awarded.
You may have difficulties with suing the owner of the building in your particular situation, however. Although a blood lead level of 10 to 16 is high in a child, it is when blood lead levels reach 19 or greater that there is real concern for a child's health. Re-testing of a child, when blood lead levels are higher than 15, should be done every 1 to 3 months, to make sure the levels are not rising.
Both Federal and New Jersey laws require that you receive certain information on lead hazards before renting or buying a home that was built prior to 1978. You should have been given an EPA pamphlet on lead hazards prior to moving in, and the owner or landlord must tell you about any KNOWN lead-based paint hazards. But there is NO requirement for an owner or a landlord to actually test for lead (only report it if known), so it is your responsibility to check any building yourself to ensure it is safe from lead hazards.
Under New Jersey law, local health departments are required to inspect the housing where any child under 6 has a vein or finger-prick blood test that shows a blood lead level of 20 or more. If lead hazards are found, the owner or landlord of the house or building MUST remove the lead hazards. The landlord, in the case of rentals, is responsible for temporarily relocating tenants while the lead hazards are removed. Relocation assistance is available if the owner is ordered to repair the building. You cannot be displaced before new housing is available.
If an owner or landlord does not remove lead hazards when ordered to, or hires repairs done by uncertified workers and the work is not done properly or safely, then the health department will make repairs and bill the landlord.
Adults have two years to bring a lead hazard suit against the owner of a building, and children have two years from the time they turn 18 to file suit.
Here are the applicable laws for you to review: N.J.S.A. 24:14A-5
N.J.S.A. 26:3-46
N.J.S.A. 24:14A-8.1
You may also get information from New Jersey's Department of Health, your local health department, and the New Jersey Department of Community Affairs/Landlord/Tenant Information.
Last edited by quincy; 09-19-2008 at 06:02 PM.
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09-19-2008, 02:10 PM
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