Premises Liability Lawyers Assisting Chicago Residents
Buildings that were constructed prior to 1978 in the Chicago area most likely have lead paint in them. Lead was also used in pipes and could contaminate the water if old pipes were damaged, while leaded gas was used before the 1980s. Routine exposure to lead may result in lead poisoning. Its symptoms include sudden weight loss, unexplained fatigue, stomach cramps, abdominal pain, irritability, reduced appetite, constipation, and other symptoms. In children, it may result in developmental delays, learning difficulties, and hearing loss. If you or your child was harmed by lead paint exposure in Illinois, you may want to retain a premises liability attorney to bring a lawsuit on your behalf. At Moll Law Group, our Chicago lead paint attorneys can evaluate your situation and offer legal representation if needed.
Bringing a Claim for Injuries Caused by Lead Paint Exposure
There are federal, state, and local laws related to lead contamination. In Chicago, the city has enacted a law that requires property owners to provide tenants with information about the risk of lead exposure and how to identify problems. If repairs are required, tenants are supposed to notify the property owner and be provided with a resolution. Moreover, owners are supposed to keep residential buildings, child care facilities, schools, and all buildings regularly frequented by children under six years old in such a way that there are no lead hazards. The Illinois Lead Poisoning Prevention Act is designed to reduce the occurrence of lead poisoning in children across the state by establishing a definition for "lead bearing substance" and prohibiting its use in exposed dwellings or areas frequented by children. Children often put things in their mouth, including surfaces of a household, and the law is meant to protect these children from becoming sick.
The law provides a procedure to report lead poisoning and identify areas of high risk as well as a procedure to follow upon finding a child with elevated blood lead levels. If your child has been exposed to lead, you can ask your doctor to conduct a blood lead level test to determine the level of exposure and whether you need to take steps to find lead sources so that you can eliminate any hazards.
When property owners fail to take reasonable steps to give tenants a safe environment free from lead poisoning, victims may bring a premises liability lawsuit against the property owner. Generally, owners or people in possession of property are not under a duty to keep the premises safe with regard to trespassers, but there is an exception for children. Our lead paint lawyers can help Chicago residents pursue a legal claim on behalf of a child if they suffer lead poisoning because of a poorly maintained property. A key issue in a lead paint lawsuit will be the type of notice that the property owner or property manager had about the presence of lead paint. In addition to showing that a property manager had a general knowledge that lead paint is dangerous, you will need to show actual or constructive knowledge that the paint in the apartment contained lead, that the lead paint was deteriorating, and that there were children living in the apartment who could ingest the peeling paint. In the City of Chicago, property owners owe a duty under an ordinance related to lead paint and therefore must be aware of the general and particular hazards, so it may be easier to establish notice. Due to the ordinance, it may be possible to show negligence per se (negligence as a matter of law) based on a failure to inspect for lead hazards.
Consult a Lead Paint Attorney in Chicago or Surrounding Cities
If you or a loved one was harmed by lead exposure, the Chicago lead paint lawyers at Moll Law Group may be able to file a premises liability lawsuit on your behalf. Our firm also pursues claims for people in Naperville, Schaumburg, Wheaton, and communities throughout Cook County. Billions of dollars have been recovered in lawsuits in which we have been involved. Call us at 312-462-1700 or use our online form to set up a free consultation with a personal injury or product liability lawyer.