| The State of Rhode Island achieved a major
victory on February 22 in its landmark case against the lead industry.
The state prevailed on the central claim against the defendants: that
lead-based paint in public and private buildings constitutes a public
nuisance. The jury agreed that the presence of lead-based paint in
homes and buildings threatens the health of the state’s children.
“This is a landmark victory for
children’s health,” comments Robert O. Zdenek, Executive
Director of the Alliance for Healthy Homes. “The jury sent
a clear message that lead-based paint puts children in harm’s
way. This verdict is a reminder to the nation that we need to protect
children and their families from lead hazards in their homes.”
The Rhode Island case hinged on the public
nuisance claim, and several similar suits across the country are
also based on public nuisance. A lawsuits filed by 22 counties and
municipalities from New Jersey, and a suit brought by the City of
Milwaukee, are two examples of other cases moving forward against
paint companies for manufacturing and marketing a product they knew
was unsafe.
With the jury’s decision that that lead-based
paint does indeed constitute a public nuisance, Rhode Island Superior
Court Judge Michael Silverstein will address the paint manufacturers’
responsibility for the nuisance and set out appropriate remedies.
“The historical record shows that paint
companies put profits before children’s health in aggressively
promoting lead-based paint as safe,” adds Zdenek. “It
is long overdue for these companies to pay their fair share for
making high-risk housing safe for children, and the victory in this
case shows that other cities and states can successfully hold lead
paint manufacturers accountable for their actions.”
Despite significant
progress in reducing lead poisoning, it remains the number one environmental
health hazard facing American children, with an estimated 310,000
children suffering from lead poisoning, according to the Centers
for Disease Control and Prevention. Lead exposure can cause permanent
damage to a child’s nervous system, resulting in IQ loss,
learning disabilities, reduced attention span, and behavior problems.
The U.S. Department of Housing and Urban Development estimates that
40 percent of US homes contain lead-based paint.
For more information on government lawsuits
against the lead paint industry, click
here.
Rhode
Island Attorney General's Office
Childhood
Lead Action Project
Boston
Globe
Providence
Journal
|
