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can i sue my landlord?

if my lease said that there is no lead based paint, and my child got lead poisioning, can I sue? the dept of health and human services were at my old apartment today, taking samples etc...

my 13 month old son seems fine now, luckily we got out of that place as soon as i saw the lead test results. he was so sooooooooo close to a damaging level, and i'm terrified that this will affect him for the rest of his life...

his lead levels are significantly lower (from level 18 to 11), but a "good" lead level would be zero.


Asked by katatrinakay at 7:12 PM on May. 28, 2009 in Health

Level 3 (21 Credits)
This question is closed.
Answers (11)
  • I would take everything you have to a lawyer. Anyone can sue anyone over anything. Take your doctor bills. Take the test results....everything.

    Answer by Safirejewl at 9:40 PM on May. 28, 2009

  • I would have them cover the medical bills but woudlnt' sue

    Answer by Anonymous at 7:15 PM on May. 28, 2009

  • I say consult a lawyer who does free over the phone consultatioin. (yellow pages dot com) If they think u have a case, I say def. sue. This could cause problems later on in the babys life. I'm so sorry that happened to you and wish you the best of luck with everything.

    Answer by gottalovemal at 7:16 PM on May. 28, 2009

  • I sure as hell would.

    Answer by Anonymous at 7:17 PM on May. 28, 2009

  • how do you "have them cover the medical bills," without suing...?

    Answer by katatrinakay at 7:20 PM on May. 28, 2009

  • How do you know if came from your apartment? He could of got it from any where. Did he eat paint?

    Answer by Anonymous at 7:25 PM on May. 28, 2009

  • i know because as it says in my question, the department of health was out doing tests today, and the place tested positive for lead EVERYWHERE. outside on the deck..... the front door jam... the entire garage was painted in lead paint, and it was chipping and peeling..... we were tracking lead paint dust onto our carpet every time we would enter or leave the apartment.. even the carpet tested positive for lead.

    and yes, there were paint chips in the window sills, and he ate some...

    our new home was just built. his daycare is in a brand new building... his grandma's house was built in 2005...

    Answer by katatrinakay at 7:38 PM on May. 28, 2009

  • I would be absolutely livid. They mislead you into believing that your house was safe. I would certainly sue for something of that nature.


    Answer by SecretSuzy at 7:40 PM on May. 28, 2009

  • I would look back over my rental paperwork and make sure thats what it says. In the apartments that I have lived in with lead based paint I always got a packet explaining the risks of living in a lead filled environment, and had to sign a disclaimer stating that I understood my house was built in such-and-such year and that there was a risk blah blah blah, but that I would not sue since I was choosing to live there.

    If that is not what you signed, then I would ask that they cover current medical costs, and I would consult with a lawyer on the proper steps to take to ensure that they are held responsible in the event that issues arise later on down the road stemming from this exposure. If you go right off of the bat and sue now, then you can't sue later if something major results from this. So save it for something that matters. If they think you are going to/might sue, they likely will cover current costs out of court.

    Answer by CarolynBarnett at 8:02 PM on May. 28, 2009

  • You have to prove that it came specifically from the paint in the house. If you cannot, you're out your court cost and can be counter-sued for what you cost them.

    Answer by noreeyay at 8:46 PM on May. 28, 2009