Lindabury, McCormick, Estabrook & Cooper defends businesses, insurance companies, municipalities, and others in lead poisoning litigation in New Jersey and New York. Our environmental law attorneys have successfully represented clients in notable lead poisoning and environmental contamination cases, obtaining favorable outcomes and reaching settlements in order to conclude disputes. With over 18 years of experience in civil tort litigation, we have a comprehensive understanding of the evolving technical, medical, and scientific aspects required to defend against such cases.Lead Paint Exposure and Water Contamination Actions
As a result of developing awareness of the danger of lead exposure, extensive federal and state (New Jersey and New York) regulations have been enacted to limit contamination as well as the public’s contact with lead. Liability surrounding lead contamination is an expanding area of law, often dependent on the parties involved and the legal theories permitted by state and local law. In many cases, liability suits for lead paint and water contamination are based on the common law doctrines of negligence and nuisance.
A public nuisance is an unreasonable interference with a right common to the general public. Circumstances that may constitute a public nuisance include conduct that involves significant interference with the health, safety, peace, or comfort of the public, conduct that is prohibited by statute, ordinance, or regulation, or conduct that has produced a permanent and long-lasting effect of which the defendant knows, or has reason to know has a significant effect upon the public.
Generally, the only plaintiffs with standing to bring a public nuisance suit are government officials, and those who have suffered a special injury different in kind from the damage suffered by other members of the public exercising the same right. In some cases, however, a class action may be certified. The remedy in these cases is commonly injunctive relief, and in the context of a private action brought by an individual, money damages. Public nuisances may also be classified as criminal offenses subject to criminal or civil damages. Defenses to a public nuisance suit may include statute of limitations, immunity, contributory negligence, assumption of risk, and others.
A cause of action for private nuisance arises where there is interference with the plaintiff’s interest in the private use and enjoyment of land, and the defendant’s alleged conduct is either intentional and unreasonable, or unintentional and otherwise actionable under liability theories of negligent or reckless conduct, or for abnormally dangerous conditions or activities. For lead exposure claims brought under a theory of negligence, the plaintiff is required to prove that the defendant owed a duty of care, the defendant breached that duty, the defendant’s actions caused injury to the plaintiff or victim, and the plaintiff suffered damages. The duty owed by the defendant to the plaintiff, if any, is dependent on the relationship between the parties. In many lead exposure cases based on negligence, causation and the existence of an injury are decisive elements in establishing liability. Expert testimony and other scientific evidence may be used to support a finding that the lead exposure at issue was not a cause of the injury complained of by the plaintiff. In addition, there may be other defense strategies available that an experienced attorney can identify.Contact our New York and New Jersey Lead Poisoning Defense Lawyers to Discuss Your Case.
At Lindabury, McCormick, Estabrook & Cooper, our environmental, business law and litigation attorneys are committed to the legal defense needs of corporate entities and insurers in New Jersey, New York and beyond. Drawing on our experience in diverse legal fields, including business, municipal, toxic tort, and environmental law, our defense team has the knowledge and resources to handle your lead contamination case. We maintain offices in Westfield, Summit, and Red Bank, and serve clients in communities across the New Jersey and New York region. To discuss your situation with one of our skilled attorneys, call our office at (908) 233-6800 or contact us online for a consultation.