Nineteen years after several California counties and cities filed lawsuits against paint companies, a settlement has finally been reached. The plaintiffs aimed to have these corporations, including Sherwin-Williams, NL Industries, and more, pay for the removal of hazardous lead paint from thousands of affected houses. In July 2019, Santa Clara County Superior Court reported that the companies had agreed to a $305 million settlement, which would go towards a remediation program. While this is a rare victory from a public nuisance claim, the long-term impact is bittersweet.
Dangerous Impact of Lead Paint
Until lead was officially banned from use in residential paint in the 1970s and 1980s, many homes were coated in paint that included toxic metal. Children who are exposed to lead paint often suffer a range of symptoms, including hyperactivity, speech issues, and ongoing health issues. Health officials agree that there is no safe level of lead in children’s blood—its mere presence, no matter the level, is dangerous.
The Legal Process
Public nuisance cases are similar to product liability claims. In a product liability case, the attorney must show that an individual was harmed because of a dangerous or defective product. In the instance of lead paint, the issue was so widespread that a public nuisance claim was a more appropriate strategy for holding these companies responsible and pursuing compensation for victims. Rather than having to prove harm to specific individuals, lawyers simply show that the companies’ actions threatened the safety of the community.
Moving Forward
Even though the companies did not admit to any wrongdoing, they did agree to pay the settlement. Funds will go towards the remediation of many of the impacted homes, but most likely not all.
Larry Brooks, who serves as the director of a lead poisoning prevention program in Alameda County, stated, “The litigation money can only go so far, but it’s a start.”
If you have been injured by a defective product or service and you need help pursuing a product liability claim, Hales & Associates, A Professional Law Corporation can help. Call (951) 489-3320 to schedule your free consultation with a skilled attorney.