Can you sue your landlord for injuries due to lead paint? If so, why not your parents?

Question

I've been looking into this, and I've always found that a landlord is responsible for ensuring their property is lead-free. If they don't, you can sue
them for damages, and to get them to remove or render safeish the lead on the property. Either lead in soil, paint, whatever.
So suppose you're father makes you live in a house that's all lead paint. And makes you strip lead paint indoors, with a propane torch during his JMTKDI(Just make the kiddies do it) rennovations. And they get lead poisoning their whole life as a result.

Shouldn't you be able to sue him for damages? How's that LESS bad( I think it's much worse) than a landlord? In the literature describing the hazard posed by lead paint, it is repeatedly stated that houses with lead are inherently unsafe, unreasonably unsuitable homes. I think parents should be required by law to provide a remotely reasonable environment. What do you think? And if they are, and their kids can't sue them, who would? They're who get hurt.

Answer 1

I think you have a serious anger against your parents. You need to talk to a professional about how to deal with it.

You cannot sue someone when no one in the world knew that it was a problem at the time. Since then they have stopped making lead paint and their have been warnings out about how to deal with homes and business that have used lead paint in the past.

There are likely a lot of old houses still out there with old underlying lead paint.

Answer 2

you probably could sue the parents, if 1) you could prove they knew about the lead in the paint 2) they were legally responsible for the property and 3) they knew that the way that they exposed the child to lead paint was hazardous. With landlords, the third element is really easy, since you are basically required to know basic hazards like that if you rent out property. Unfortunately, there is no such requirement about people who have children. also, being the landlord makes you responsible for the property, and the law generally requires landlords to find out if they have hazardous conditions on their property, since they make a profit off of the property. None of this is true of private property owners or parents, so it is just a much more difficult case to prove. Also, there's no point in it if your parents don't have any money. Landlords are insured.

Answer 3

I'm not sure for all states, but here in Maine, he didn't not need to disclose any information to you unless it posed a risk. If he had work done on the home while you were in it, then he would need to inform you. Lead paint in a home is not dangerous. It won't seep out of the walls and harm your or your child. If it is disturbed (sanding, scraping, or any other "construction" on it) it will then pose a problem. You have no basis for a lawsuit, you were not harmed in any way. If you're child ate some lead paint chips, both you and the landlord are at fault.

Answer 4

I see there is not feature on yahoo answers for te OP to reply to other peoples answers…. A real shortcoming, I think. If anyone knows of a more suitable place/forum to ask this question, could you point me to it? Anyway, you have tried to answer my question, so I will try to answer some of yours, and whatnot. Fortunately there is to length limitating on answers….
“You cannot sue someone when no one in the world knew that it was a problem at the time. Since then they have stopped making lead paint and their have been warnings out about how to deal with homes and business that have used lead paint in the past.”
NO. I’m 20. Lead paint was banned by 1978. It was known to be a danger since the 50s. Lead has been well know to be dangerous since antiquity. About the warnings: EXACTLY he WAS TOLD lead is dargerous. He was thouroughly warned, he chose to expose me anyway. Did I mention that he was a chemist? So he should have known in any case. Ignorance is no excuse.
“There are likely a lot of old houses still out there with old underlying lead paint.” And there are specific laws regarding how they may be rennovated, rented and must be rendered safe. Just because they are common is no excuse, it’s not that hard to encapsulate the paint.

" Sure this is one thing the legal fraternity highly recommends that is SUING your parents is their no one else out there that you could sue first” WTF? Are you saying this is somehow the manufacturer of the paint’s fault? Well, maybe. But the paint was probably made >30 years ago. Parents are ultimately responsible for raising their children, and keeping them safe from obvious hazards. Sure lead should never have been put in paint in the first place, but you can’t blame a manufacturer for absurdly bad parenting.

“Unfortunately, there is no such requirement about people who have children”

In Canada there is a requirement that they provide a safe environment. If my father had taken me to the doctor for testing like he’s supposed to, children’s aid should have gotten involved (though it has a bad reputation for not doing so when it’s supposed to).
“What kind of human being are you?” What kind of an idiot are you? You can’t imagine what it’s like to look back on your life and see why you almost died from neglect? This wasn’t by far the only crime he commited, just one I can maybe show to a third party happened. Negligent parents need to be held responsible, they are who raise the criminals, welfare bums, abusive people, and other such people of our society. Don’t fool yourself. There’s no surch thing as spirit, people like any other organism are determined by 3 things: Environment, Chance, Genetics. Environment is largely determined by parents, and genetics are largely chance.
And who thinks I'm suing for money? I'm not. He stole any chance I had for a decent life, no amount of money can get me that back. Oh, and my mom is dead, for whoever asked about getting advice from her.

Answer 5

I have found that a lot of landlords tell you when lead is present in your domicile and will then attach a wavier that they make you singe.
If this does not accrue they you may sue the landlord for medical bills if any accrue due to no prior knowledge of risk and responsibility...
It's all about the liability...

Answer 6

If you were forced to remove lead paint - I suspect it would fall in the category of child abuse / neglect.
Ultimately in all suits, however, is the bottom line - does the defendant have sufficient resources to justify litigation costs and damages . Remember, you can't get blood out of a turnip.
Civil suits are about financial compensation, so would they be able to pay a judgment ?

Answer 7

In order to sue someone they have to have breached a legal duty that they owe to you. It's easy to outline the duties that an landlord owes, but hard to list a parent's in a way that covers every situation.

Answer 8

I will never sue my Parents (no exceptions). What kind of human being are you? I do not want to imagine what you are capable of doing to others just for money.

Answer 9

Sure this is one thing the legal fraternity highly recommends that is SUING your parents is their no one else out there that you could sue first