I live with my fiance in a 3 fam. house that his parents own(they live on the first fl) and last year my son got lead poisoning from the house. His level was 49 and he was 2years old. I never knew anything about lead poisoning and his parents never warned me about it. I didnt sue them and we stayed in a hotel for 3 months while they fixed our appartment. It just seems to me that she is more worried about getting sued than she is for my son. his parents fixed most of their appartment too but they just recently built a porch that is level with a window and the outside of the window still has lead paint and I keep telling them to cover it and they said why its our house & our enterance and I told her because my son wants to go on that porch with the other kids and its dangerous to all the kids here ..she just rolled her eyes. My son is always going to have prob from this.. Would you sue her if you were me? do you think their homeowners insurance covers this?
2006-07-14 04:10:33 · 6 answers · asked by Alanacoolata 2 in Pregnancy & Parenting ➔ Parenting
He goes to the doctor all the time his level is down to 14 and he's going agian today and I am always with him & my appartment is lead free now just outside of the house isnt all safe so I cant let him go outside
2006-07-14 04:16:18 · update #1
We want to move but we just cant afford it right now we are saving
2006-07-14 04:20:25 · update #2
I moved out for 3 months while my appartment was being fixed It is Lead free now and I take him out all the time to parks and stuff he just cant play outside here..My question is should I have sued them for the future problems that my son is going to have because of this??
2006-07-14 04:27:06 · update #3
Also see the long answer I left under your other posting (I think you double posted this question).
I see in this Q, you updated that his level is now down to 14 ug/dl. Good. That is slightly above "normal" of <10, but lower is ALWAYS better. Since some is in his bones and slowly leaching out, even if his exposure was zero, it would still take time for his blood lead levels to drop.
You also updated about playing outside. Lead-based paint dust in soil is always highest just below the walls (where paint dust and chips fall) so avoid those areas. Further from the house, it will be lower, but can still be elevated in an urban area (due to leaded gasoline use for decades) or if there was ever a smelter in the area. Safe areas to play are lawns and paved areas. Or a new playgrounds with sand boxes or bark or gravel.
Your son will likely always have some problems due to this, but since most of the exposure has been eliminated, and his blood levels are better now, his development will improve. From 0 to 5, our brains are making connections between neurons and lead interferes with that - the best connections aren't made.
His development path should now be at a near normal slope and you can improve that further by continuing to reduce his exposure to any lead-dust environments, checking the drinking water for lead if that hasn't been done yet, and giving him an intellectually challanging environment. Lots of one-on-one time, reading to him, engaging games, no television (passive activities don't challange our brains to development).
Can you / should you sue? You can sue anyone about anything, but only a lawyer specializing in this area of law, knowing the laws of your state and county, and having heard the particulars of your case could advise you about the likely outcomes of doing so. I know that is a un-helpful answer, but true. A wild-@#$ guess? A lawsuit could recover your out-of-pocket medical expenses and something towards future care. 30-40% would go to the lawyer. If your in-laws KNEW of the LBP and didn't do anything until AFTER your son was exposed, then punitive damages could be a lot. More than they are worth. If their homeowner's insurance covers them for rental housing, it should fall under their liability coverage ($100,000 to $500,000 would be typical limits). If they haven't told their insurance company they are renting it out, it would come out of their pockets, typically.
Either way, you're on a course to have a truly lousy relationship with your son's grandparents. That sucks.
2006-07-17 08:01:38 · answer #1 · answered by David in Kenai 6 · 2⤊ 0⤋
Sue who? Your parent in laws? It is their house..You should move if u really care about the safety and well being of your son..If ur fiances parents arent being helpful than u have to do what is best for u and your family.
2006-07-14 11:19:49 · answer #2 · answered by IamMuslimah 3 · 0⤊ 0⤋
It is their house. So, I would move somewhere safer. A child will eventually get something in their mouth without you knowing. Even if you watch them 24/7. Good luck.
2006-07-14 11:17:27 · answer #3 · answered by gentlemanfarmer 3 · 0⤊ 0⤋
I would move out to a new place. If his grandparents want to see him, they can come to your place or meet at a park. It is not worh sueing over. They are always going to be your son's grandparents.
2006-07-14 11:17:50 · answer #4 · answered by seatonrsp 5 · 0⤊ 0⤋
try watching what your son puts in his mouth. for one thing. never leave him unsuprevised. second move out of that house. have him see a doctor for regular testing
2006-07-14 11:13:38 · answer #5 · answered by kleighs mommy 7 · 0⤊ 0⤋
Eat an eraser
2006-07-14 11:15:03 · answer #6 · answered by ? 3 · 0⤊ 0⤋