When you rent a home in Fresno, it is often an exciting time for you and your family. Thoughts of making happy memories and knowing that you and your loved ones have a safe place to live are comforting. Most renters never think to examine the paint used in their new home too closely. They only look at the color of the walls and that there is no paint damage that they could be held accountable for when they move out of the house or apartment. But the question all renters should be asking is if the paint in their rental property contains lead.
According to federal law, any house or apartment built after 1978 is not permitted to contain lead paint. However, the owners of older homes were not required to remove the lead paint. Instead, they painted over the toxic lead paint. When the new paint surface is in good condition, there is little risk. However, if the new paint begins to peel, chip, or deteriorate, exposing the lead-based paint, the space can become very hazardous, particularly to children. In cases where lead-based paint is present under other layers of approved paint, the landlord or property owner is legally obligated to disclose that information to a renter in the lease agreement.
If you or a loved one, especially a child, has become ill and you feel that lead paint in your Fresno rental property could be the cause, please know that Normandie Law Firm is just a phone call away. Our dedicated office staff can be reached 24/7 to help you understand the rights of anyone who suffers harm because of lead-based paint in a rental property in California and how our expert legal team can assist you in getting any compensation that is owed to you. Additionally, they will schedule your free consultation with a Fresno lead poisoning lawyer at Normandie Law Firm to fully evaluate your case.
After sharing all the facts of the illness suffered by you or a loved one, providing your lawyer with copies of medical records or your lease, and answering any remaining questions they might pose, your Fresno lead poisoning lawyer will explain the legal merit of the case and if you have grounds for a Fresno lead poisoning lawsuit. With this valuable information, you will be well-prepared to begin making choices that can help you cover the cost of medical care and other expenses that are adding to your stress and worry. But please also know that even after your free consultation with a Normandie Law Firm Fresno lead poisoning lawyer, you are never obligated to pursue legal action against your landlord, nor are you required to use the services of Normandie Law Firm if you choose to take legal action in this matter.
Our only goal is to ensure that families like yours have the information and resources needed to protect themselves and secure any compensation owed to them if a property owner or landlord failed to properly inform them of lead-based paint in a rental property or failed to take the necessary precautions when removing lead-based paint from the property, resulting in lead poisoning. All we ask is that you reach out to our compassionate office staff at your earliest opportunity to discuss your case and learn more about the time limit for you to take legal action regarding this matter.
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Understanding The Hazards Of Lead-Based Paint
The CDC estimates there are over 29 million homes or housing units that still contain lead-based paint. Many of these structures are homes that include one or more children who could suffer lead poisoning due to exposure to paint chips or lead-based paint. Children are prone to putting things in their mouths or chewing on things like window sills. When the surfaces they chew on have lead-based paint, even under layers of lead-free paint, there is a greater potential for them to ingest the paint and suffer lead poisoning. In homes where several layers of paint are peeling due to moisture or age, there is also an increased hazard when children can find chips of paint and put them in their mouths.
Finally, property owners and landlords of rental properties with lead-based paint are legally required to take special precautions when renovating these properties. If the lead-based paint is not removed carefully, it can create toxic dust that can result in lead poisoning for the occupants of the property and anyone working in the space.
The Warning Signs Of Lead Poisoning
It is critical to understand that children and adults can suffer lead poisoning from exposure to lead-based paint. In most cases involving an adult or entire family suffering from lead poisoning, the issue is often related to improper paint removal, which creates toxic dust in the home containing lead-based paint particles. However, it is more common among children who have found peeling paint or paint chips and put them in their mouths. If you are concerned that your child has ingested lead-based paint in your Fresno rental property, seek medical attention immediately. The common indications of lead poisoning include:
- Loss of appetite
- Decreased weight
- Fatigue
- Constipation
- Anemia
- Hearing or vision loss
- Abdominal pain
- Bluish gums
- Decreased IQ
- Neurological issues
Jaundice, vomiting, diarrhea, and seizures or a coma are the indications of acute lead poisoning in a child who has likely consumed a significant amount of lead recently. Immediate medical care is vital to the safety of the child and to prevent further harm due to lead poisoning, which could result in damage to the brain, kidneys, cardiovascular system, and digestive system. Children who do not get treatment to remove the lead from their bodies are also more likely to suffer from ADHD, learning disabilities, vision and hearing challenges, and anemia.
Who Should Be Held Accountable For Lead Poisoning Incidents Related To A Fresno Rental Property?
In most cases, under premises liability law, the owner of a property is ultimately responsible for the safety of the entire property. It is their obligation to ensure the space is adequately maintained and does not pose any known health or safety concerns. When a property owner fails to address a maintenance concern, such as peeling paint or correcting water damage to paint that could be lead-based, they are negligent in their duty of care and can be held accountable for harm as a result of that negligence. However, the property owner is not always to blame for cases involving lead poisoning. If the property owner hired a professional to remove the lead-based paint, as required by California law, the contractor could be partially or wholly to blame for the lead contamination if they failed to meet all safety requirements during the removal process.
While this can sound like an overwhelming and complex matter to resolve, please know that all you need to do is reach out to the dedicated legal team at Normandie Law Firm to discuss your case. If your claim has legal merit, our staff will handle everything on your behalf, from investigating the matter to completing the documentation and filing the lawsuit for you to ensure you get the compensation you deserve for the harm and losses you suffered. But please reach out to our staff swiftly, as there is a time limit for you to take action to secure compensation for losses and expenses related to lead poisoning in your Fresno rental home.
How Much Could My Fresno Lead Poisoning Lawsuit Be Worth?
As the victim of a personal injury, it is vital you understand the valuation of your lawsuit. Sadly, many victims are misinformed and think the court awards predetermined compensation amounts for certain accidents or injuries. However, that is far from accurate. Instead, each lawsuit is carefully evaluated, and the compensation value is established based on the actual losses and expenses incurred by the victim. Working with your Normandie Law Firm Fresno lead poisoning lawyer, you will compile all the documentation to confirm your allowable expenses. The items that are most typically used in the process include but are not always strictly limited to:
- The cost of all current and future medical expenses related to the diagnosis, treatment, and rehabilitation of any injuries caused by the lead poisoning and any counseling or therapy to address the trauma and stress of the incident or injuries
- The cost of all legal fees and expenses related to preparing, filing, and litigating the Fresno lead poisoning lawsuit
- The replacement cost of any personal property that was damaged or destroyed by the lead poisoning incident
- Your lost income if the lead poisoning prevented you from working at your regular job until you were fully recovered and cleared by your medical care providers to return to work
How Long Do I Have To File My Fresno Lead Poisoning Lawsuit?
In cases involving lead poisoning of an adult in California, the Statute of Limitations or time limit to file your lawsuit with the court is typically two years. This is the standard time allotted to a personal injury victim to take legal action and begins on the date of the injury incident. The time limit is strictly enforced, and once it expires, the victim loses the right to seek justice and compensation for the harm they sustained due to the lead poisoning from this particular incident. In addition, it is critical to understand that there are very minimal exceptions that would provide the victim with added time to pursue legal action once the Statute of Limitations has expired.
In cases involving a child who suffers lead poisoning in a Fresno rental property, the time to take legal action can vary. Typically, parents can pursue a lawsuit for a minor child who sustained lead poisoning in a Fresno rental home until the child reaches the age of majority at 18 or becomes emancipated. In rare cases, a person who suffered lead poisoning injuries as a minor can take legal action against the liable party until they reach the age of 20. Please reach out to Normandie Law Firm today to discuss the details of your case and the time remaining for you to file your lawsuit with the court.
No Added Stress From Upfront Legal Fees
When you hire Normandie Law Firm to handle your Fresno lead poisoning lawsuit, we never ask for any upfront legal fees or expenses. Instead, our firm is dedicated to handling any case with legal merit and only getting paid after the matter is resolved. At that time, our valued client has the compensation that includes funds to cover all legal fees and expenses. In addition, if your Fresno lead poisoning lawyer fails to win the case and deliver the compensation you need, you owe Normandie Law Firm nothing for the time and investment made in preparing and litigating your lawsuit. Don’t hesitate to get in touch with our staff today to discuss the critical opportunity to secure the compensation you deserve to cover expenses and losses caused by lead paint in your Fresno rental home.
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