My 2 year old daughter has lead in her blood, can I sue?

Who were you thinking of suing?

Whom? And how can you prove where the lead came from? What injuries does the child have?

Can you sue? Who would you sue?

Where did the lead come from? Paint in your house? You might have a claim against the land lord. You need to know where it came from before you can figure out about suing. You are getting the cart before the horse.

You may have a case if your daughter contracted the lead in a rental apartment. You should speak to a lawyer as soon as possible. You should have a lawyer involved from the outset so you make no mistakes or omissions in your procedure as to dealing with this.

You have to find out from the Dr. what might cause the lead [are you sure it is not the iron count?] and then see if someone is responsible for that and whether they were negligent. Who would you think of suing landlord?

Whether you can sue depends on where and how your daughter got the lead in her blood. If it came from a product she was exposed to, there might be some liability somewhere, depending on a lot of different factors. You may also have some responsibility if you exposed her to lead from some product, such as lead-based paint. Many products which contain lead also have printed warnings about exposure to young children. There are far too many possibilities to tell one way or the other.

The first question is where did the lead come from. Years ago, the usual suspect was lead water pipes; later, it was the lead-based paint. Lead pipes are now an exceptional rarity; and lead-based paints became rather scarce after they were banned from use in homes in 1978. Nowadays, there are reports of lead poisoning from toys produced abroad, particularly, in China. Other sources are being reported, too. You need to find out the source of the contamination - not only for the lawsuit, for your child's safety (and your own). There are several ways to go about it. First, you should contact the local health department; a list of addresses and telephone numbers is at http://www.health.ny.gov/environmental/lead/health_care_providers/local_health_departments.htm Alternatively, you can call in a house inspector. Or you can try testing water and paint in your home yourself. Test kits for lead can still be found at some pharmacies and hardware stores. If you live in a rental apartment or house, and find lead in your water supply or in paint, you can sue the landlord. If you own your home, your ability to sue the previous owner or other parties becomes questionable and would have to be determined by your attorney. But, please, do not let your thirst for retribution distract you from the tasks that must be given absolute priority: 1) make sure that your child starts receiving proper treatment *immediately*; and 2) find the source of the poisoning and eliminate it (treatment will do your daughter little good if she continues to get lead into her body)

Your question cannot be answered on the facts given, where did the lead come from.

Maybe it depends on your house. Are you renting? Have you had the paint tested?

To be successful in a lawsuit, you must prove where the lead exposure was. I hope she is not having any problems, but you should contact an attorney immediately.