The exposure of infants and toddlers to products, primarily paint, containing high levels of lead can lead to brain damage and associated cognitive impairments that are often permanent in nature. Needless to say, the permanent brain damage or limitation of cognitive function of a child results in very high exposure claims against owners, landlords and managing agents of residential properties. A review of jury verdicts in cases arising out of lead exposure reveals that juries are generally sympathetic to these types of claims and award substantial verdicts to infant plaintiffs that have sustained brain damage as a result of lead exposure.
Because of what is at stake, litigation over the responsibility for exposure to lead-based paint has been hotly contested throughout the country, including in the courts in New York state. Before engaging in any such litigation, counsel should be aware of the various peculiarities regarding lead paint cases in New York courts.
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