Lead FAQs

Lipsitz & Ponterio, LLC is Western New York's Leading Law Firm for Childhood Lead Disease

1. What is lead poisoning?

Lead poisoning occurs when lead is swallowed. The lead then gets into the bloodstream, and the child's body mistakes the lead for calcium and sends it to parts of the body where calcium is normally found, causing damage to the body and brain.

According to the U.S. Center for Disease Control (CDC), lead poisoning is one of the most serious health threats to children that is found in and about their homes, if a child has resided in a house or apartment that was built before 1978. Currently, it is believed that nearly 500,000 children across the country, aged 1-5 years, have blood lead levels greater than 10 micrograms per deciliter (mg/dl) of blood in their bodies. Blood lead levels above 10 mg/dl can signify lead poisoning.

In the natural environment, the mineral lead is classified as a heavy metal. In a child's body, lead is classified as a neurotoxin, meaning that it negatively affects the brain. Children are most acutely at risk for lead poisoning because their young bodies absorb lead much more readily than adults.

In fact, if severe enough, lead poisoning can affect nearly every system in the body, and at very high blood lead exposure levels above 70 mg/dl, it can result in seizures, coma, and even death. At less extreme exposure blood lead levels, less than 40 micrograms per deciliter of blood, a child may not look or feel sick even though that child is being poisoned and has dangerous amounts of lead in his or her body. Lead poisoning can cause learning disabilities and behavioral problems at lower exposure levels.

The CDC mandates that the blood levels of children should not exceed 10 micrograms per deciliter. A blood level exceeding 10 signifies an "action level" where health providers must present information and counseling to the child's parent(s), and provide a variety of other interventions, including home inspection, and medical treatment if the lead level is higher than 10 mg/dl. Visit the American Academy of Pediatrics at www.aap.org for more information.

2. What are the effects of lead poisoning in a child?

Medical professionals, researchers, and public health officials all agree that lead is a neurotoxin that damages the developing brain of children, as well as other bodily systems. Chronic lead ingestion can cause or worsen anemia or iron deficiency in children and harm bone marrow. Evidence of chronic lead ingestion appears in a child's bones. Physical growth and development can be impaired. Language and motor function deficits can occur. The effects of childhood lead poisoning are irreversible in the body. Certain physical consequences, such as impact on kidney function or blood pressure, may not surface until adulthood.

Since the early 1990s, much of the attention of medical professionals, researchers and public health officials has been focused on the impact of lead in the developing brains of children. It is widely known that lead adversely affects children's performance on intelligence testing. In a variety of studies of groups of children, it has been shown that lead exposure negatively affects IQ (the measure of human intelligence) without relation to other factors, such as a child's genetic background or economic status.

3. How does lead poisoning happen?

Years ago, lead was added to paint and varnish products that were widely used. Since 1978, lead has no longer been used in residential paint, but it is believed that about 24 million housing units in the United States currently have deteriorating lead paint and high levels of lead-contaminated house dust.

Health officials believe the major source of lead exposure among children in the U.S. comes from old lead-based paint and lead-contaminated dust found in buildings where painted surfaces have been allowed to deteriorate, such as in rental housing that is not well-maintained. Children living in older housing at or below the poverty line are at greatest risk. However, chipping, peeling, flaking lead-based paint is commonly found in old dwellings located in cities, but also can be found in suburban and rural areas, and children can be exposed in homes where renovations caused disturbance of old lead-based paint and dispersal of lead-contaminated dust.

Lead dust gets on children's hands and fingers during the normal activities of childhood, such as crawling on the floors of their home, or playing in soil around the outside of homes where exterior lead-based paint had flaked off. Older infants and toddlers are drawn to windows in rooms and those windows very often contain deteriorated lead-based paint. Small children put their fingers in their months, and many children tend to mouth toys, household furnishings, and horizontal surfaces such as porch railings or window sills. They can eat the dust or small chips of deteriorating lead-based paint without knowing it, and without their parents realizing it. Lead paint chips taste sweet and small children don't know that they are dangerous.

4. What kind of risk is my family at for lead poisoning?

In 1993 it was estimated that more than four million U.S. children under the age of five were living in homes built before 1950 that were likely to be contaminated with lead. Buffalo rates sixth in the nation for lead poisoning. In Erie County in 1993, 27,000 children were tested and 5,500 had elevated lead levels in their blood. The county's Medicaid administrator determined that most of the city's housing tested positive for lead. Yet, in 1993, only 800 property owners were required to deal with or cover dangerous flaking lead paint.

5. Is lead paint the only cause of lead poisoning?

The major source of lead exposure to children in the United States results from the presence of old, deteriorated lead-based paint in and around their homes. However, children can also be exposed to lead in other ways. Sometimes, drinking water can be contaminated with lead from traveling through old leaded pipes or lead-soldered pipes. For more information on lead in drinking water, go to the U.S. Environmental Protection Agency's website: http://www.epa.gov/safewater/

Certain hobbies can lead to lead exposure if they involve the making of stained glass windows, glazed ceramics-making, or even fishing because lead sinkers can be held or mouthed by children. (Also, certain ethnic home-based health remedies and cosmetics can contain lead, according to the U.S. Center for Disease Control.) Near busy streets, lead deposits from exhaust fumes of cars once fueled by leaded gasoline can be found in the soil where children might play. Workers who sand or scrape lead paint can also become exposed. Additionally, a child might be exposed to lead from contact with the work clothes of a family member who has contact with lead dust in jobs like construction, bridge repair, sandblasting, ship building, battery making, and foundry casting. Lead dust can be brought home on clothing, skin or shoes. Go to http://www.cdc.gov/nceh/lead for further information about sources for lead exposure. Also visit www.health.state.ny.us/nysdoh/environ/lead.htm for more information on sources of lead other than in the home.

Additionally, a child might be exposed to lead from contact with the work clothes of a family member who has contact with lead dust in jobs like construction, bridge repair, sandblasting, ship building, battery making, and foundry casting. Lead dust can be brought home on clothing, skin or shoes. Go to http://www.cdc.gov/nceh/lead for further information about sources for lead exposure. Also visit www.health.state.ny.us/nysdoh/environ/lead.htm for more information on sources of lead other than in the home.

Recently, it has been discovered that inexpensive toy jewelry, including rings, necklaces and bracelets, which were often sold in vending machines contained lead. The U.S. Consumer Product Safety Commission (CPSC) convinced toy jewelry importers to discontinue importing such toy jewelry from foreign manufacturers, and the CPSC has urged consumers to throw away any kind of vending machine jewelry that their children may have because half of all such jewelry is thought to contain lead that could leach out and pose harm to a child who may put it in her mouth. For more information, visit the CPSC website: http://www.toyjewelryrecall.com

6. What can a parent do to prevent lead poisoning?

Young children should be tested for lead with a simple blood test ordered by the child's pediatrician or the health care clinic where the child is routinely seen. If your child is one year old and you live in an older dwelling, you should ask for the test. You should also have your young child's blood tested if your older home has recently been remodeled, or if a brother, sister or neighborhood playmate has tested high for lead. Children's blood should be tested annually for lead at least until age six.

There are steps you can take to lower your child's risk. If you live in an older house, be aware of for cracking, chipping or flaking lead-based paint. If you rent an older apartment, tell your landlord in writing to fix deteriorated painted surfaces. The most likely places for deteriorated lead-based paint are on window surfaces between the sashes and on sills, and on exterior painted wood trim, clapboard, and porch surfaces.

Lead can also be found on painted interior wood surfaces, like doors and baseboards and other wood trim, painted staircases, and even on walls, cabinets and cupboards. Look carefully at painted door jambs, thresholds, and window frames for signs of wearing paint. Lead dust is generated on "friction surfaces" where paint is being rubbed by the opening and closing of a door or window.

Keep young children away from areas where there is deteriorated paint and where home remodeling and renovations are taking place. Wash children's hands and faces frequently, and always before they eat. Toys that are on the floor can gather lead dust, and should be washed often also.

Window surfaces and other areas where lead dust settles can be wiped down frequently with a wet rag using a phosphate-based dishwasher soap mixed with water. Flooring beneath windows should be wet mopped. Sweeping, using a regular vacuum cleaner, and dry dusting areas where lead dust is present will only serve to further disperse the dust, and so is not recommended. Renovating, dry sanding, power sanding, or scraping old paint can cause harmful lead exposures. Be aware of surfaces that might contain lead paint before doing any renovations.

Take these steps to protect your children:

• Remove flaking and peeling lead paint using approved methods, and never sand off suspected lead-based paint.
• Avoid spreading lead dust throughout living areas, wet-mop floors near old windows frequently, and remove lead-laced dust by wiping down window surfaces with a water solution containing dishwasher soap.
• Seal older painted surfaces with lead-free coatings.
• Watch for signs of chipping and flaking paint. Pay particular attention to painted interior and exterior wood trim and window surfaces.
• If you are going to buy a home, have a complete home inspection and have the premises tested for lead if it was constructed prior to 1975.

7. How do you know if there is lead paint in your home?

Lead-based paint was widely used through the mid 1970s, and was very prevalent in paints sold for residential painting in the 1920s, 1930s, and 1940s. Leaded paint turned out to be exceptionally durable and so it remains in many older dwellings, and is sometimes hidden under one or more layers of non-leaded paint. So-called "intact" leaded paint is not usually a problem although a teething child has been known to bite down on a horizontal window sill and reach leaded paint below the non-leaded paint and become exposed. Lead exposure from paint comes from cracked, flaked, and chipped lead paint where a child might ingest paint particles or be exposed to contaminated dust in the area. Visit the U.S. Environmental Protection Agency at http://www.epa.gov/lead/ for more information on where lead is found.

Lead concentration in paint can be determined in a laboratory by testing paint samples from the home. The New York government health inspectors test for lead in homes using a sophisticated piece of equipment called an x-ray fluorescent analyzer machine that can measure the concentrations of lead in paint when placed against a painted surface. When a health inspector comes to investigate lead sources in a child's home, he may test dozens of painted surfaces both inside and outside the dwelling. If deteriorating lead paint is found, the property owner will be cited and ordered to correct the conditions.

Private companies will do lead testing for property owners who wish to know whether lead paint might be present in a house or apartment by using either sample analysis or x-ray fluorescent analyzer readings, or both methods. Consult your local telephone directory or access the National Lead Service Providers' Listing System at: http://www.leadlisting.org; and in Western New York: http://www.leadconnections.org

8. How can you get rid of lead paint hazards?

Lead paint can be either stabilized or abated. Stabilization is a way to temporarily control lead hazards, without removing them altogether. Loosened or chipped leaded paint is carefully removed and the area is primed and re-sealed with conventional non-leaded paint. However frequent monitoring maintenance is required to prevent lead hazards from re-appearing. No special training is necessary to stabilize lead paint.

Abatement is complete removal of lead paint and may require the use of contractors certified in lead abatement methods. Abatement of lead hazards can also be achieved by removing the affected building components, such as old window frames, porch railings, cabinets and wood trim. However, replacements can be costly, carpentry skills are usually necessary, and if there is a government-issued abatement order involved, then use of an EPA certified lead abatement contractor will be required.

Lead abatement costs an average of $15,000 or more per housing unit to make the premises lead-free. All windows must be replaced as well as old exterior siding. Interior woodwork, such as window trim and baseboards must be replaced or completely stripped of all old paint, and repainted with durable lead-free paint. Less costly measures are still allowed and while they might make a house temporarily lead-safe, they do not eliminate lead. Ongoing vigilance by a property owner is necessary to protect against re-emerging lead hazards, especially if old paint is merely covered with new paint. All paint will eventually peel, and if lead paint is hidden below the surface, children are still endangered when painted surfaces are allowed to deteriorate.

Leaded paint can also be encapsulated or enclosed. Enclosing is the process of covering leaded paint surfaces with rigid and durable materials such a sheetrock, vinyl siding or metal coil stock. This method may be useful for large surfaces such as walls, ceilings, window troughs, and exterior siding and trim. However, if there has been a government-issued abatement order, federal regulations require that an EPA (Environmental Protection Agency) certified contractor install any permanent enclosures intended to satisfy an abatement order. Encapsulation is the process of applying a specialized liquid coating that bonds to the lead paint and form a durable, flexible covering. This method also requires the use of an EPA-certified lead abatement contractor.

You can control lead dust in your home with careful cleaning. All horizontal surfaces, radiators, and floor grates should be washed with a phosphate detergent solution, and followed by a clean water rinse. Separate buckets, sponges, and cloths should be used for the washing and rinsing water. More specialized cleaning techniques, including use of hepa-filtered vacuums, to control or remove dust is generally necessary following lead abatement or renovation activities. The County of Monroe (Rochester, N.Y.) has begun including dust wipe sampling in all residential lead investigations. See: Website for Alliance for Healthy Homes at www.afhh.org .

If you are interested in finding a contractor skilled in lead abatement, look in your local telephone directory or visit the National Lead Service Providers' Listing System: http://www.leadlisting.org ; in Western New York: http://www.leadconnections.org

9. What responsibilities do landlords have for lead paint?

New York Real Property Law §235-b requires landlords to provide an implied warranty of habitability, which means they must make sure that a rental dwelling is fit for human habitation and that the occupants of the dwellings are not be subjected to any conditions which would be dangerous, hazardous, or detrimental to their life, health, and safety. Deteriorated lead paint in a home clearly poses a danger to children, and a tenant can seek relief in Housing Court and possibly obtain rent abatement (no rent payments due) while lead paint violations are outstanding. However, any claim for personal injuries arising from defective and dangerous conditions, such as deteriorated lead-based paint, must be brought in New York State Supreme Court, and requires legal assistance.

Owners of multiple dwellings or buildings containing three or more rental units have additional responsibilities under New York's Multiple Residence and Multiple Dwelling Laws to keep these properties in good repair and free of conditions dangerous to life or health. Property owners cannot delegate these duties to tenants or to other third parties. Failure to maintain these properties in accordance with the requirements of the law are viewed as negligent conduct if the property owner or his agent knows about the dangerous condition or defect.

If a building was built before 1978, the owner is required to provide specific disclosures to tenants about the possible or known presence of lead-based paint under the federal Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. §§4851-4856. At the time of leasing, tenants must be provided with and acknowledge that they have received written notice that the property to be rented was built before 1978 and may have lead paint that could be dangerous to children.

Tenants have to be given a pamphlet, Protect Your Family from Lead in Your Home that is published by the U.S. Environmental Protection Agency (EPA). The tenants have to be told whether or not the landlord is aware of any known lead paint hazards (such as from a previous inspection) and be provided with records documenting the location of known leaded paint.

Prior to signing a lease, a tenant has to be offered an opportunity to conduct a lead paint hazard evaluation at the tenant's own expense. The federal disclosure law concerning lead paint has been in effect nationwide since 1996. Visit the EPA's website at www.epa.gov/lead/ and click on Rules and Regulations for more information about the federal disclosure law.

New York State has a law called the Lead Poisoning Prevention Act which provides for testing of lead in the blood of children and pregnant women. The law sets aside funds to screen children who live in poverty and requires doctors to report elevated blood levels to public health authorities. The law currently does not provide funds to identify and abate hazardous lead paint conditions and does not require any kind of certification or training of workers who remove lead paint hazards.

10. What are my legal remedies if my child is lead poisoned?

If you and your family live in rental housing, you may be able to make a claim against the property owner for injuries your child has suffered as a result of having been lead poisoned. Lead is a powerful neurotoxin that affects the brains of young children and other body systems, and can result in irreversible damages affecting childrens' school performance behavior and overall health.

Lead poisoning may require invasive medical treatment and hospitalization in an attempt to remove some of the lead from your child's body in a procedure called chelation. Even if your child was not hospitalized for treatment of lead poisoning, your child may be showing signs of developmental problems and speech delays, and having significant academic difficulties, severe behavioral issues, or be in need of special education classes.

If your child has been affected by lead poisoning, you have the right to seek compensation from your landlord. You can obtain compensation for your child's medical and education needs and compensation for the irreversible damage he or she has suffered.

Lipsitz & Ponterio, LLC is experienced in handling lead poisoning cases. Our attorneys and staff will walk you through every step of the case and keep you informed and involved. We understand that lead poisoning is frightening and are here to help your child get the compensation he or she deserves for injuries caused by lead poisoning. If your child is or was ever found to have a lead reading in his or her bloodstream of 20 or higher, please contact us.

11. Where can I find more information about lead poisoning?