
Lead paint lawsuit in Philadelphia
Philadelphia landlords must certify rentals built before 1978 as lead safe or lead free. A child poisoned in a rental without one may have a claim.
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If your child's lead test came back high and you rent in Philadelphia, call us for a free case review about a possible lead paint lawsuit. We'll start with one question: did your landlord ever give you a lead certificate? Philadelphia phased in a rule starting in October 2020 that requires covered rentals to have a lead-safe or lead-free certificate. A case reviewer will go over your child's results with you, and you don't need to know the law before you call.
- rentals that need a lead certificate
- Before 1978
- child at home: a certificate is always needed
- Age 6 or under
- blood level that brings a free city home visit
- 3.5 µg/dL
- certificates required citywide, phased in by zip code
- Oct 1, 2020
Your next steps
- Keep children away from peeling paint. Wash hands, toys, pacifiers, window sills and floors often, and keep children away from rooms where repair work makes dust. Don't sand, scrape or repaint old paint yourself, because that creates lead dust.
- Test your child. Philadelphia doctors must test children between 9 and 21 months; ask for a test now if you think your child was exposed. How the test works
- Ask for the certificate. A Philadelphia landlord must give you a lead safe or lead free certificate for a rental built before 1978.
- Child tested high for lead? Follow the doctor's plan for retesting, then talk to a lead paint lawyer about the building's record: call (888) 503-5930.
Lead rules Philadelphia landlords must follow
Before a landlord signs a lease, renews one, or gets or renews a rental license, the rental must first be certified lead-safe or lead-free. The city rolled this out zip code by zip code across 2 years. The first 11 zip codes were covered October 1, 2020 through March 31, 2021, and the last set of zip codes was covered from April 1, 2022 through September 20, 2022, per the City of Philadelphia.
Only two groups were exempt once a zip code joined: college dorms and buildings put up after 1978. City Council's summary notes the exemption applies to properties built after February 1978.
Any rental where a child age 6 or under lives needs the certificate, no matter the zip code. Owners of pre-1978 buildings must also give tenants a copy, following the city's lead paint regulations. If you never received one, say so to the reviewer on your call.
Understanding the lead-safe certificate
A lead-safe certificate means a trained professional actually tested the home for lead dust, and a landlord simply saying the home is safe isn't enough. The inspector must hold EPA certification as a dust sampling technician or a Pennsylvania license as an inspector-risk assessor.
The inspection itself can be no older than 48 months when the license is issued, per the city's regulations. If your landlord reused an older certificate, it may have been too old to count when you moved in. A lead-free certificate never expires.
If the home failed its lead test
If a home fails the dust test, the lead has to be properly fixed, not just painted over. The city requires a contractor with an EPA renovation, repair, and painting certification to do it, as the city's certification page explains.
If someone without that certification did the repairs, or if you saw paint getting sanded or scraped, mention it during your call.
What happens when a child's blood lead runs high?
Once a child's reading hits 3.5 micrograms per deciliter or more, the doctor's office reports it to Philadelphia's Lead and Healthy Homes Program. The program's home visit services are free of charge.
The CDC chose that 3.5 mark because only 2.5% of US children ages 1 to 5 test that high or higher (CDC). The agency has also determined that no level of lead in a child's blood is safe, so a number just below 3.5 isn't a clean pass.
Doctors have to test children between 9 and 21 months old. If your child hasn't been tested, request one from the doctor. Most children don't show clear symptoms right away.
Why is lead serious for young children?
The CDC lists damage to the brain and nervous system, slowed growth, trouble learning and behaving, and problems with hearing and speech. Lead is more harmful to children under 6, and even low levels harm a child's health. Lead that settles into bones can take decades to drop.
Your child's test dates, lease and any lead certificate can help the reviewer understand what happened. Call today and a case reviewer will go through them with you, free.
The cost of a Philadelphia lead paint lawyer
The case review is free. Injury lawyers generally take cases on a contingency fee, meaning they take a share of whatever money is recovered instead of asking for money upfront. In Pennsylvania, the agreement has to be in writing. Before signing, have the firm explain its fee plus any case costs you could owe.
Gathering papers for your free case review
- Your lease, which can help show when you moved in and whether the certificate rule had reached your zip code by then.
- The lead certificate, or a short written statement that you were never handed one.
- Records of your child's blood tests, including the dates they were done.
- If the city visited your home, keep any records it gave you. You can tell the reviewer what you have when you call.
Ask for a free case review
Prefer to write it down? Send the details below to the case review team. Calling is faster: (888) 503-5930.
