Lead Poisoning Lawyers in New York

New York landlords, especially in NYC, have a legal duty to find and fix lead paint hazards in buildings with young children. When they fail and a child is poisoned, the landlord is liable for the resulting cognitive and developmental harm. We prove exposure and causation.

Lead poisoning rarely announces itself. A child living in an older apartment breathes and swallows lead dust from deteriorating paint on windowsills and walls, and the damage — to attention, learning, behavior, IQ — shows up over years. When a landlord ignored a known hazard, that harm is not just tragic. It is compensable.

New York places heavy, specific duties on landlords to protect children from lead, and those duties are the backbone of every case.

The landlord’s duty

In New York City, Local Law 1 of 2004 (the childhood lead poisoning prevention law) requires landlords of pre-1960 buildings — and some newer ones — to identify and remediate lead paint hazards in apartments where a child under six lives. Landlords must investigate annually, address peeling paint safely, and use lead-safe work practices. Statewide, older lead-based paint disclosure and remediation obligations also apply.

Critically, courts have recognized that a landlord who knows a child under six lives in the unit is charged with notice of the hazard of lead paint in older housing. That knowledge is what makes the failure to inspect and remediate actionable.

What we prove

Exposure — the child lived in the unit, and the unit contained lead hazards (paint testing, XRF results, dust wipes, violation records)
Notice — the landlord knew or should have known a young child lived there and that the building predated lead-paint bans
Causation — elevated blood lead levels tied to that exposure, documented through pediatric and health-department records
Damages — cognitive, developmental, and behavioral harm, often shown through neuropsychological testing

Why these cases matter and what drives value

The victims are almost always young children, and the injuries are permanent. Value turns on the degree of elevation in blood lead levels, the measurable deficits in cognition and development, the need for special education and lifelong support, and lost future earning capacity. We work with pediatric, toxicology, and neuropsychology experts to connect the exposure to the harm.

Deadlines

The statute of limitations in a lead case is generally three years, but because the plaintiff is a child, New York’s infancy toll can extend the time significantly — often until a few years after the child turns 18. Even so, evidence like paint conditions and blood-lead records degrades over time, so early action is far better.

Lead cases are a specialized corner of our premises liability practice. If your child had elevated blood lead levels while living in an older rental, contact us for a free, confidential review.

Lead poisoning questions New Yorkers ask

Is my landlord responsible for my child’s lead poisoning?

Often, yes. In NYC, Local Law 1 requires landlords of older buildings to find and fix lead hazards where a young child lives. A landlord who ignored that duty can be liable for the resulting harm.

How do you prove lead caused my child’s problems?

Through blood lead level records, paint and dust testing of the apartment, health-department violation records, and neuropsychological testing that documents the developmental and cognitive deficits.

My child was poisoned years ago. Is it too late?

Maybe not. Because the injured party is a child, New York’s infancy toll can extend the filing deadline well past the usual three years. Still, talk to a lawyer soon before evidence disappears.

What if I’ve since moved out of the apartment?

You can still bring a claim. Health-department records, prior inspection and violation histories, and your child’s medical records can establish the exposure even after you’ve moved.