Massachusetts was one of the first states to enact a lead poisoning prevention law, originally passed in 1971. In 1978, the federal government banned the use of lead-based paint. Though the use of lead paint is now illegal, it can still be found in many Massachusetts homes built prior to the enactment of these laws. A 2019 study revealed that 71% of the housing stock in Massachusetts was built before 1978. Only 10% of these homes have had lead inspections and been confirmed to be free from lead hazards.
Dangers of Lead Exposure
Lead exposure is especially hazardous to children under the age of six. Lead poisoning can lead to a number of injuries depending on the level of exposure. High levels of exposure can cause damage to the brain and central nervous system. It can lead to permanent intellectual disability, behavioral disorders, and even death.
Children do not need to chew on lead surfaces or paint chips to be poisoned. In fact, it is common that children get poisoned by breathing in and swallowing lead paint dust. It can also be absorbed by the skin if they touch something with lead dust on it, such as toys. Lead can also be found in the soil around houses. If fruits and vegetables are grown in the soil, children can get poisoned by eating them.
While children under six are especially vulnerable, adults who are exposed to lead can also suffer significant injuries. Common injuries include:
- Reproductive Problems
- High Blood Pressure
- Joint and Muscle Pain
- Abdominal Pain
- Difficulty with Memory and Concentration
- Headaches
- Mood Disorders
Lead Poisoning Law in Massachusetts
The Massachusetts Lead Poisoning Prevention and Control Law requires owners of residential premises to remove or control lead paint in homes (1) built before 1978 and, (2) where children under the age of six years old live. Owners must obtain a Letter of Full Compliance if these circumstances apply. The letters are issued by a lead inspector and certify that there is “no loose lead-based paint, other coating, plaster or putty and as long as coverings forming an effective barrier over lead-based paint, other coating, plaster or putty remain in place.” In other words, it certifies that an owner is in full compliance with state regulations.
Liability of Property Owners in Massachusetts
In a typical personal injury case, a plaintiff must prove that a defendant is negligent. Residential property owners, however, are strictly liable for injuries sustained due to a violation of the Massachusetts “Lead Law.” In a strict liability case, a plaintiff does not need to prove negligence. Rather, they need only prove that the defendant failed to comply with the Lead Law. If successful, a plaintiff can recover compensation for their harm.
SUGARMAN has a team of dedicated and experienced personal injury attorneys who represent those who have been injured and have litigated cases arising from lead paint exposure. If you or a loved one has been injured and wish to speak to one of our attorneys, please fill out a Contact Form, call us at (617) 542-1000, or email .