Common Sources of Lead Exposure in New York: Who Can Be Held Liable? 

Lead exposure is a serious health concern, particularly in older cities like New York, where many buildings were constructed before the dangers of lead were fully understood. Prolonged exposure to lead, especially in children, can lead to severe developmental, cognitive, and physical health problems.

Identifying the common sources of lead exposure and determining who is legally responsible for damages is critical for victims seeking compensation. Here, our New York City personal injury attorneys at David Resnick & Associates, P.C., explore the most common sources of lead exposure in New York and outline the parties that can be held liable for lead poisoning cases.

What are the Most Common Sources of Lead Exposure in New York?

One of the most common sources of lead exposure in New York is lead-based paint, used extensively in homes built before it was banned in 1978. Many of the city’s older buildings still contain lead-based paint, particularly in low-income and older apartment buildings. When lead paint deteriorates, it chips and turns into dust, which can be easily ingested or inhaled by residents, especially children.

Other common sources of lead exposure can include, but are not limited to:

• Contaminated Drinking Water

Lead can enter drinking water through corroded pipes, fixtures, or plumbing materials that contain lead. This is mainly a concern in older buildings where the plumbing infrastructure has not been updated. Lead-contaminated water can pose significant risks to young children and pregnant women.

• Soil Contamination

Lead contamination in soil is another common source of exposure, particularly in areas near older factories, highways, or industrial sites. Lead from decades of emissions, waste disposal, or leaded gasoline can accumulate in the soil and pose risks to children playing in contaminated areas.

• Imported Products

Certain imported goods may contain lead, including toys, cosmetics, ceramics, and jewelry. In some cases, lead is used in the manufacturing process or as a component in the product, exposing consumers to dangerous levels of lead. These products may not always meet the stringent safety regulations required in the U.S.

• Renovation and Construction Activities

Renovation or construction work in older buildings can disturb lead-based paint or contaminated materials, releasing lead dust and particles into the air. Residents and workers can be exposed to high lead levels without proper precautions during these activities.

• Occupational Exposure

Workers in construction, manufacturing, smelting, and battery recycling are at risk of occupational lead exposure. In addition to being exposed at work, these workers can inadvertently bring lead dust home on their clothing or equipment, exposing their families to lead.

Who Can Be Held Liable for Lead Exposure in New York?

Determining who is liable for lead exposure can be complex, as multiple parties may bear responsibility depending on the exposure circumstances.

Below are the key parties that can be held liable:

• Property Owners and Landlords

Property owners and landlords are legally responsible for ensuring their buildings are safe for residents, especially for lead hazards. Under New York City’s Local Law 1, landlords must inspect and address lead-based paint hazards in apartments built before 1960 (and, in some cases, before 1978) where young children reside. Landlords who fail to remove lead hazards, warn tenants of potential exposure, or properly maintain lead paint can be held liable for lead poisoning incidents.

If the landlord knew or should have known about lead hazards in the building but failed to take appropriate action, they can be sued for negligence. Property owners may also be liable if they do not provide tenants with required disclosures about lead-based paint in their units.

• Renovation Contractors

Contractors and construction companies can be liable if they cause lead contamination through unsafe renovation or demolition practices. The Environmental Protection Agency’s Renovation, Repair, and Painting (RRP) Rule requires contractors to follow lead-safe work practices when renovating homes and buildings built before 1978. If a contractor fails to follow these regulations and exposes residents or workers to lead, they may be held liable for resulting health issues.

• Manufacturers and Distributors

Manufacturers, importers, and distributors of lead-containing products may be held liable if they cause lead poisoning. This includes companies that produce or sell lead-contaminated goods such as toys, cosmetics, or ceramics. In lead-contaminated drinking water cases, liability may also extend to companies responsible for manufacturing plumbing materials or fixtures containing lead.

Under product liability law, manufacturers can be sued if their products are defective or contain hazardous materials that harm consumers. This can include failing to warn about lead content or selling products that do not comply with safety standards.

• Municipalities and Public Water Authorities

In cases where lead exposure is linked to contaminated drinking water, public water authorities or municipalities may be held liable if they fail to monitor or maintain the water supply properly. For example, if outdated lead pipes or infrastructure are responsible for lead contamination in the water, and the responsible public entity was negligent in addressing the issue, they could be held accountable.

Cities and municipalities that neglect to replace or maintain aging lead-based water infrastructure can be liable for any health damages caused by lead contamination.

• Employers

Workers exposed to lead in the workplace may have legal claims against their employer. Employers in industries with a risk of lead exposure are required to follow Occupational Safety and Health Administration (OSHA) regulations to protect workers from lead hazards. If an employer fails to provide protective equipment, training, or safe working conditions, they may be liable for any lead-related health problems their workers experience.

If you or a family member has suffered lead poisoning due to exposure in any of the above scenarios, you may be entitled to compensation. Our skilled lead exposure attorneys work hard to obtain the maximum damages for each of our client’s unique needs, starting with a free consultation.

Contact Our Law Firm at David Resnick & Associates, P.C.

Contact the New York personal injury law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case. We serve clients throughout New York City, in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and Long Island.

There is never a charge to speak with our skilled New York City injury attorneys. If your case qualifies to move forward, we will handle every aspect from start to finish without charging any upfront or out-of-pocket fees. You will pay nothing for our elite personal injury attorney services unless we win your case. That is a promise.

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.