Since 1978 · Attorney Advertising
Lead exposure while pregnant
The Â鶹´«Ã½¹ÙÍø has been helping victims of lead poisoning and serious personal injuries for more than 40 years, and we are proud of that legacy. Lead is dangerous in pregnancy because it can reach the fetus. If you are pregnant and the apartment has lead paint, or a child in the home has lead in the blood, see a doctor now, then please call for a free consultation. Medical care comes first. There is no fee to speak to us or for us to evaluate your potential case.
What to do
See your doctor and ask whether you should be tested. Tell the baby’s pediatrician at birth. Do not scrape or sand paint. Call 311 if paint is peeling, tell the landlord in writing, and keep the test results.
A person can sue for damages caused to a then-unborn child by lead paint in an apartment, where it can be established that the landlord was negligent in keeping the premises reasonably safe. New York courts have recognized that a child can make a claim for damages caused by lead from before the child was born.
What the courts have said
In Munoz v. Puretz, 301 A.D.2d 382 (1st Dept 2003), the Appellate Division found triable issues of fact that an infant was exposed to lead in utero while former owners still held the premises. The court said neither injury from exposure to lead-based paint nor in utero transmission implicates novel theories of liability, citing Juarez v. Wavecrest Management Team Ltd., 88 N.Y.2d 628 — the Court of Appeals decision this firm fought and won.
Notice, abatement, and a direct causal link remained questions of fact. Punitive damages were not available on a showing of ordinary negligence. The 1988 Public Health Law phrase in that memorandum is not the current CDC reference value — see Blood lead levels.
Michael Stewart Frankel and Reuven S. Frankel welcome your call.
There is no fee to speak to us or for us to evaluate your potential case.
Lead poisoning information
A telephone call or online inquiry does not create an attorney-client relationship. The firm represents a client only if it agrees to do so. Please do not send medical records until representation has been agreed. Attorney Advertising.