New York Lead Paint Settlements

What Is a Fair Lead Paint Settlement? 

In New York, there are strict guidelines banning the use of lead paint in new construction and for testing and remediating preexisting lead paint. Individuals or agencies, such as NYCHA, who fail to comply and protect the public should be held accountable under the law. If our legal team finds your exposure to lead paint was caused by someone else’s negligence, you may have grounds to bring a claim for compensation. 

While every lead paint case is different, here are some of the factors that help determine a fair settlement amount: 

• Severity of Health Impacts: The extent of the plaintiff’s health issues resulting from lead exposure, such as cognitive impairments or developmental delays, is a primary factor. 
• Age of the Victim: Children under six are particularly vulnerable to lead poisoning, and cases involving young victims may warrant higher compensation due to the potential for long-term effects. 
• Duration and Level of Exposure: The length of time and the concentration of lead to which the plaintiff was exposed are assessed to determine the correlation between exposure and health outcomes. 
• Property Owner’s Compliance: The landlord’s adherence to local lead paint laws, such as conducting required inspections and maintaining records as mandated by the Childhood Lead Poisoning Prevention Act. This is comprehensive legislation enacted in New York City to prevent lead poisoning in children by addressing lead-based paint hazards in residential properties. This law applies to buildings constructed before 1960 or between 1960 and 1978 if the presence of lead-based paint is known and where a child under six years of age resides.  
• History of Violations: A property owner with prior lead paint violations or a pattern of non-compliance may face increased penalties, affecting the settlement.  
• Mitigation Efforts: The property owner’s promptness and effectiveness in addressing identified lead hazards are considered; failure to take corrective action can lead to higher compensation. 
• Economic and Non-Economic Damages: Compensation accounts for tangible costs like medical expenses and lost wages, as well as intangible impacts such as pain, suffering, and diminished quality of life. 

Negotiating for a Fair Lead Paint Settlement 

Successful settlement negotiations in lead paint poisoning cases in NYC depend on several factors, such as demonstrating clear evidence of lead exposure, including environmental testing reports, medical records showing elevated blood lead levels, and documentation of the plaintiff’s symptoms, which is critical. This establishes a direct link between the exposure and the harm suffered. 

The extent and severity of the health consequences, particularly in young children, weigh heavily in negotiations. Long-term impacts, such as developmental delays, cognitive impairments, and long-term medical needs significantly influence settlement amounts. 

Finally, testimony from medical, environmental, and regulatory experts can bolster claims of harm, causation, and the defendant’s failure to adhere to safety standards. 

Even though there are strict deadlines for filing lead paint claims, at Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we build aggressive cases against negligent landlords, owners of buildings in which lead paint is present, and other liable parties who expose their tenants to hazardous materials. 

Schedule a Free Consultation 

Our track record of impressive case results—including multi-million-dollar verdicts for past lead-based paint poisoning cases — confirms we have the skills, experience, and legal know-how to lead your case to a good outcome. 

Submit an online inquiry or call to speak with a NY lead poisoning lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman LLP today. Our New York lead paint lawyers are proud to represent clients in and around New York City, the Bronx, Brooklyn, Queens, Staten Island, Manhattan, and all of New York State.