Lead Paint Cases And Legal Options

Lead-based paint is more than just an outdated feature of older buildings—it can be a serious health hazard. Despite federal regulations, lead exposure still occurs in homes, apartments, and commercial properties built before 1978. 

Below, our friends at Fortified Realty Group LLC discuss what tenants, landlords, and property owners should know when lead paint becomes a legal issue.

Where The Risk Still Exists

If you own a home or multi-family property that was built prior to the late ‘1970s, unfortunately, there is a good chance that there is lead paint underneath newer coats of paint. When that paint deteriorates—cracking, chipping, or turning into dust—it becomes a hazard. Children are especially vulnerable to lead exposure, which can lead to developmental delays, behavioral problems, and learning difficulties. Adults may also suffer from high blood pressure, joint pain, or memory issues after prolonged exposure.

This type of risk is often discovered during a home sale, rental inspection, or tenant complaint. In some cases, a formal lead paint inspection may reveal dangerous levels after symptoms appear. By that point, the health impact may already be significant.

Legal Responsibilities Of Property Owners

Property owners have a legal obligation to disclose known lead hazards in rental and sale agreements. They are also required to take reasonable steps to keep paint intact and prevent deterioration in units where tenants reside. Failing to do so can result in serious consequences—not only for the health of occupants, but for the owners’ legal standing as well.

A key for landlords to avoid lawsuits is to keep their tenants happy. Being proactive is a great way to keep tenants happy and to themselves against lawsuits. That means responding promptly to tenant concerns, keeping up with property maintenance, and working with certified professionals when lead issues arise.

When Legal Action Becomes Necessary

Unfortunately, not every landlord meets these standards. In cases where exposure leads to injury—especially in children—families may seek compensation. This is where a personal injury lawyer becomes essential.

A lawyer can help document the harm caused by lead exposure, connect it to property conditions, and identify whether legal violations occurred. Claims may include damages for medical bills, long-term care, educational needs, and even pain and suffering. Legal action may also serve as a wake-up call for negligent property owners.

Protecting Everyone Involved

From a property management perspective, early prevention is key. Identifying risk areas, keeping records of repairs, and maintaining open communication with tenants can reduce the chances of a claim and promote safer living conditions.

At the same time, tenants who suspect lead exposure should speak up early. Reporting peeling paint, requesting inspections, and documenting health symptoms can make a big difference—especially if legal support is needed later.

Lead-related cases highlight the importance of responsibility on all sides. Whether you’re a landlord trying to protect your tenants or a family dealing with unexpected harm, there are legal paths forward. A qualified attorney can help explain those options and determine what steps make sense based on the facts.

When safety is compromised, accountability matters. And in lead paint cases, that accountability can start with awareness, action, and the right legal support.

For landlords who have multiple properties or another day job plus obligations to their families, an easy way to stay proactive is to hire a reliable property management company whose sole job is to handle properties for their owners.