Ohio Injury or Death Due to Lead Poisoning: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury or Death Due to Lead Poisoning from Peeling Lead-Based Paint in Residential Properties throughout the State of Ohio.
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Ohio Lead Poisoning Lawyers: Premises Liability for Peeling Paint Exposure
For decades, lead-based paint was commonly used in homes across Ohio. While banned, the lingering danger remains in older residential properties, especially when the paint begins to chip, flake, or peel. When landlords and property owners fail to properly inspect, maintain, and safely remediate these conditions, they risk causing lead poisoning, particularly in young children who ingest dust or paint chips. Lead poisoning can cause permanent and devastating injuries, including cognitive impairment, developmental delays, and organ damage.
If your child or a loved one suffered severe injury or developmental harm due to lead poisoning from peeling paint on a rented or managed residential property in Ohio, the responsible landlord must be held accountable. Our experienced Personal Injury Attorney team handles complex Premises Liability and toxic tort claims, fighting aggressively to secure justice and full compensation under the Ohio Revised Code and state health laws.
Landlord Liability for Lead Hazards Under Ohio Law
Ohio law imposes a strict duty of care on landlords to maintain rental premises in a safe and habitable condition. This duty is specifically reinforced by statutes concerning lead hazards, which can often establish negligence per se:
The Ohio Residential Landlord-Tenant Act (R.C. § 5321.04)
Under Ohio Revised Code § 5321.04, landlords are required to "keep all common areas of the premises in a safe and sanitary condition." A landlord's failure to address hazardous conditions like peeling, chipped, or flaking lead-based paint that they know or should know about constitutes a breach of this statutory duty, particularly when it occurs in common areas or within the leased unit.
Federal Lead Disclosure Rule (Title X)
While federal, this rule impacts liability: landlords of properties built before 1978 must disclose any known lead-based paint hazards to tenants before they sign a lease. A failure to disclose is a clear act of negligence that directly exposes tenants to harm.
Local Health Department Orders
If a local health department issues an order to abate a lead hazard (e.g., following a child's elevated Blood Lead Level (BLL) test), the landlord's failure to comply with that order promptly and effectively provides irrefutable evidence of negligence.
Proving Causation: Linking Peeling Paint to Child Lead Poisoning
Proving a lead poisoning case requires linking the environmental hazard on the property directly to the victim's illness and subsequent injuries. We work with environmental consultants, certified lead risk assessors, and medical specialists to build the causal link:
- Lead Dust Sampling: Testing paint chips, dust, and soil samples from the property to confirm the presence of lead-based paint and document lead dust levels that exceed federal and state action levels.
- Medical Documentation: Establishing the victim's elevated Blood Lead Level (BLL) at the time of exposure and connecting this exposure to specific medical injuries, such as neurological damage or permanent cognitive deficits.
- Source Identification: Experts confirm that the peeling lead-based paint within the property was the primary source of the lead dust and chips ingested by the victim.
Damages and Ohio's Statute of Limitations (R.C. 2305.16)
The long-term effects of lead poisoning in children are permanent and require extensive, lifelong care. We fight for maximum financial recovery for all resulting damages:
- Medical Bills, Chelation Therapy, Special Education, and Vocational Training Costs
- Compensation for Permanent Cognitive Impairment, Developmental Delays, and Behavioral Disorders
- Lost Future Earning Capacity due to neurological damage
- Pain and Suffering, Emotional Distress, and Loss of Enjoyment of Life
The statute of limitations for a personal injury claim in Ohio is typically two years (R.C. § 2305.10). However, for minors suffering lead poisoning, the limitation period is often paused until the child turns 18 years old (R.C. § 2305.16), meaning the family has time to act, though immediate legal consultation is vital to preserve evidence.
Contact Our Ohio Personal Injury Attorneys Today
If your child suffered lead poisoning from peeling lead-based paint on a rented property, contact us immediately for a free, confidential case review.