How to Handle a Lead Paint Lawsuit: A Step-by-Step Guide for Landlords

If you’re a landlord, you might have heard of the potential risks associated with lead paint, especially in older properties built before 1970. Lead paint is a serious health hazard, particularly for young children, and the law holds property owners accountable for ensuring their tenants’ safety. If you find yourself facing a lead paint lawsuit, it’s important to understand the steps you need to take to protect your property and minimize potential liabilities. Here’s a step-by-step guide regarding what to do if you find yourself facing a lead paint lawsuit. For specific advice tailored to your particular situation, contact the Law Offices of Richard A. Fogel, P.C., to speak with a skilled and experienced New York lead paint landlord defense lawyer.

1. Assess the Situation

When a tenant alleges exposure to lead paint, your first step is to assess the situation. Did the tenant live in a property built before 1970, when lead-based paint was banned? Is there documented evidence that lead paint was present and in a deteriorating condition?

At this stage, it’s crucial to gather any available evidence, including:

• Property records or historical documentation that confirm the building’s age.
• Maintenance and inspection records showing any previous lead paint testing or abatement efforts.
• Correspondence with the tenant, leasing records that may show who was supposed to be in the premises and any claims made about lead exposure.

Understanding the specifics of the tenant’s complaint is key in determining your next course of action.

2. Consult an Attorney

Lead paint lawsuits can be complex and have significant consequences. It’s crucial to work with a skilled litigation attorney experienced in handling toxic torts and environmental law, including lead paint litigation in particular. An attorney can help you assess the strength of the tenant’s claim, advise you on the laws surrounding lead paint exposure in rental properties, and guide you on whether you need to initiate your own testing or remediation process.

Having legal representation early in the process will help ensure that you protect your interests and comply with applicable laws. Be aware that anything you say to anyone besides counsel is discoverable and may be used against you.

3. Conduct a Lead Paint Inspection

If you haven’t already done so, it may be necessary to have your property inspected for lead paint. Under the Residential Lead-Based Paint Hazard Reduction Act (Title X), landlords are required to disclose known lead paint hazards to tenants. If a lead paint issue is identified, you must follow specific guidelines for notification, repair, and remediation. In New York City, Local Law 1 covers most buildings with multiple tenant-occupied units and imposes many requirements on landlords regarding testing and remediation.

A qualified inspector or risk assessor can test the paint and other surfaces for lead content and evaluate any potential hazards, such as peeling or chipping paint, which could pose a risk of exposure.

If lead paint is found, it’s essential to initiate remediation procedures immediately to avoid further liability and protect future tenants. New York City’s Local Law One requires annual surveys and has further specific requirements for landlords regarding lead paint including maintenance of records. Ignorance of the law, lead paint in the premises, or a child’s presence is not necessarily a defense. Even regular childcare by grandma triggers legal obligations for the landlord and management company.

4. Take Corrective Action

If your property is found to contain lead paint, you likely have a legal obligation to take corrective action. This may involve abatement, which is the process of permanently removing or sealing lead paint from surfaces in your property. You cannot scrape or sand lead paint because that creates hazardous dust. Only certified professionals should handle lead abatement to ensure compliance with the law. Typically, you may need to replace windows, doors, moldings, painted radiators or other surfaces where lead paint is present, regardless of whether the paint is presently peeling. Document every step of the remediation process, including the hiring of professionals, the work performed, and the completion of inspections. This will be vital evidence should the case go to court.

5. Consider Your Insurance Coverage

Lead paint liability was excluded from most property insurance policies starting in the 1990s, but occasionally a primary policy has coverage and some excess liability policies have coverage for lead paint claims, even if the primary insurance does not. Review your policy to determine if lead paint lawsuits fall under your coverage and inform your insurance company about the potential claim. This should be done promptly and as soon as you learn of any potential lead paint claim.

6. Prepare for Litigation

In addition to evidence of compliance with lead paint disclosure and remediation laws, you may want to present expert testimony on the level of risk involved in your property and how you’ve taken the necessary steps to protect your tenants.

Your attorney will help you navigate the litigation process, including filing appropriate motions and negotiating a settlement to avoid substantial legal costs. In many cases, lead paint lawsuits will be settled. This will result in a financial settlement that compensates the infant child for their blood lead poisoning (not the parents) while allowing you to avoid legal costs and the risk of a runaway verdict at a trial full of urban jurors who are sympathetic to children and who often don’t like landlords.

Contact the Law Offices of Richard A. Fogel, P.C., for Landlord Lead Defense in New York City

Lead paint lawsuits can be intimidating for landlords, but with the right approach and legal guidance, you can cost-effectively manage the situation. By addressing the claim with care, conducting proper inspections, taking necessary corrective actions, and working closely with your attorney and insurance company, you can reduce your risk and ensure compliance with the law.

If you’re facing a lead paint lawsuit or have concerns about lead paint in your property, contact the Law Offices of Richard A. Fogel, P.C. right away at 516-721-7161 for immediate assistance. Our experienced litigation attorney can help guide you through this complex legal process and work to protect your interests.