Recent decisions by the Court of Appeals and lower courts have clarified the liability of a defendant landowner in a case where a child has suffered injuries due to lead poisoning contracted on the defendant’s premises. This article discusses both the liability of the defendant in such a case, and how the plaintiff may discover facts from the defendant to establish this liability.
It is well documented and beyond dispute that lead is a highly toxic metal which, when introduced into the human body, produces a wide range of adverse health effects, especially with regard to children and develop- ing fetuses. . . . [T]hese consequences include nervous and reproductive system disorders; delays in neurological and physical development; cognitive and behavioral changes; and hypertension. Most of these physical maladies are irreversible. . . . [Y]oung children are more sensitive to lead exposure than adults, particularly their brain and nervous systems, which are especially vulnerable in their developmental stages. Lead exposure as low as two micrograms per deciliter in children under 7 years old lowers IQ, stunts growth and causes behavioral disorders.
