New Hampshire Court Issues Opinion in Lead Paint Poisoning Lawsuit

March 20, 2020

Many New Hampshire homes were built years ago, and although these residences come with a certain charm, they may also pose serious dangers to residents. One common health hazard that individuals may suffer related to these homes is exposure to lead and lead poisoning. Lead paint was commonly used in New Hampshire homes before Congress’ ban in 1978.

Studies suggest that almost 40 million homes in the United States built before the 60s contain lead paint. Many of the homes containing a concerning amount of lead paint include children under six years old. This is alarming because exposure to lead paint can lead to lead poisoning, which can cause severe permanent damage.

Recently, an appellate court in New Hampshire issued an opinion in a consolidated action between a landlord seeking unpaid rent and tenants who alleged that their children suffered harm as a result of lead exposure while living in the landlord’s property. The couple moved into the landlord’s apartment when their twin children were one year old. Several months later, the parents became concerned about developmental delays. At their check-up, both children received lead testing, which revealed elevated levels. The family moved out of the residence, and their landlord filed an action against them, seeking unpaid rent. The family presented expert evidence suggesting that the children’s delays were related to lead in the apartment. The landlord argued that the expert’s finding should be excluded because his methodology was unsupported by medical literature. The appellate court ultimately remanded the case, but found that experts in these cases are not required to base their opinions on one specific type of methodology, so long as their methods are reliable.

Historically, lead poisoning plaintiffs have not successfully recovered against paint manufactures. A more viable approach to recovering for lead paint injuries is filing a lawsuit against a negligent New Hampshire landlord. Lead poisoning plaintiffs must be able to establish that their landlord did not meet their duty of care to keep the premises safe from hazards. Some common scenarios that may give rise to a personal injury lawsuit against a landlord are: when a landlord fails to inspect the residence for lead-based paint, if a landlord fails to remove lead-based paint correctly, or if the landlord tries to hide the existence of lead-based paint.

If you or someone you know has suffered injuries because of lead exposure in a New Hampshire rental property, you should contact the attorneys at Peter Thompson & Associates to discuss your claim. The attorneys at our law firm handle various types of personal injury claims, including lawsuits based on New Hampshire slip and fall accidents and other forms of premises liability, medical malpractice, car accidents, and wrongful death. These cases are often complicated, and our attorneys possess the tools, skills, and experience to handle the most complex cases. We have successfully represented many New Hampshire residents in their claims and have recovered substantial sums of compensation through settlement and litigation. Contact our office at 800-804-2004 to schedule a free initial consultation with an attorney at our law firm.