In particular, the court found that public nuisance liability was inappropriate where, as in the case before it, the lead pigment defendants ceded control over their products decades ago and that the plaintiff had not alleged that any particular injury or harm-in-fact had been proximately caused by any of the defendants' products in a particular application, merely pleading that
lead paint "in the aggregate" constituted a public nuisance.
A claim had been made against the Tampa Housing Authority alleging injury resulting from exposure to
lead paint in an authority building.
Another hurdle for potential plaintiffs, Hartwig said, is identifying
lead paint as a specific source of harm.
The FAIR plan, resembling criteria established in addressing
lead paint liability in Massachusetts, would require an increase of the maximum acceptable lead levels from 15 to 25 ppm for liability purposes for pregnant women and children under the age of six; a limit on liability by requiring proof that lead poisoning occurred on the premises; elimination of the requirement that insurers pay for remedial education; and elimination of a person's ability to sue if a settlement offer were rejected.
In this article, we'll tell you why
lead paint is hazardous, how to assess the risk in your own home, and how to reduce that risk and keep your home lead-safe.
Children are exposed to lead from paint when lead-containing paint on walls, windows, doors or other painted surfaces begins to chip or deteriorate, since this causes lead to be released to dust and soil, explained Jeiel Guarino, International
Lead Paint Campaigner of IPEN, a global NGO network pursuing safe chemicals policies and practices.
The Renovation, Repair and Painting Rule was created to protect the public from
lead paint hazards that occur during repair or remodeling activities in homes and child-occupied facilities, such as schools, that were built before 1978.
The proposal was among several pushed by members of the Independent Democratic Conference on Monday in a report lambasting the city for dragging its heels on righting peeling or chipping
lead paint in public housing.
However,
lead paint litigators still fight against what Kerpelman called the "inclinations of the system," which he said often prioritizes the appearance of efficiency over true justice.
As
lead paint deteriorates over time, children may inhale or ingest lead through household dust, paint chips or contaminated soil," added Muchai.
