FOR IMMEDIATE RELEASE
February 22, 2006
CONTACT
Robert Zdenek or Brian Gumm
202-543-1147
Rhode Island Jury Declares Lead Paint a Public
Nuisance
The State of Rhode Island achieved a major victory today
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.
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The Alliance for Healthy Homes is a national nonprofit
policy and advocacy organization working to protect children from lead
and other health hazards in and around their homes by building capacity
for primary prevention in communities at risk.
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