QUESTION

can i sue my landlord for my sons lead poisoning for my children

Asked on Oct 02nd, 2011 on Personal Injury - Maine
More details to this question:
my son was recently tested for lead poisoning an the levels came back as 10blls an hes has some problems with not talkin he has been referred to speech therapy and hes had some loss of appetite and other symptoms I also have a 4 month old daughter who has been exposed to the lead paint i have alot of chipping paint in my home an holes in my wall and my windows are chipping the most i have contacted my landlord about these problems and my sons levels and he still hasnt evan called me or tried to do anything to fix it i cant afford to move i have low income i just want to know if i should take legal action.
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1 ANSWER

Personal Injury Attorney serving Newport Beach, CA at Bisnar Chase Personal Injury Attorneys, LLP
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Can you sue?  Yes.  Can you win?  That is a more challenging question.  You really need to consult with a personal injury attorney who is an expert in lead poisoning cases.  Most of the best attorneys in this field will provide you free consultation to discuss your particular circumstance in detail. I consulted the most knowledgable lead poisoning expert attorney I know for you and this is his response: "It would be a difficult case at that lead level.  The CDC defines lead poisoning as anything greater than a level of a 10.  A ten level would be a difficult case due to causation issues.  My friends on the east coast usually take cases with levels greater than 20 only.  I do not believe expert testimony would credibly support causation at a 10 level.  Perhaps previous levels might have been higher.  Look at older levels to see if they were higher. Typically, blood lead levels are taken at every 6 month exam to age 4 and these are available through the doctors office or the testing agency.   As far as action to take against the landlord, put the request in writing and advise that the child has an elevated blood lead level.  Take photos of the property and paint defects.  Notify the health department if not already done so by treating pediatrician.  Not sure of Maine laws, but perhaps put rent in a bank escrow until repairs are safely made, but should consult with a local lawyer.  There is usually a free legal aide office for these types of issues." This response was provided to me by Larry Buckfire who knows more about this subject than any attorney I know.  For more information see:  http://www.buckfirelaw.com/practice_areas/michigan-lead-poisoning-lawyer-detroit-lead-paint-poisoning-attorney.cfm John Bisnar, BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com.  800-956-0123.
Answered on Oct 03rd, 2011 at 1:36 PM

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