How to Determine if Your Child Has Lead Poisoning and What to Do Next

Lead poisoning is still a serious public health issue in New York City, where older housing units often contain deteriorating lead-based paint. The effects on young children can be lasting and should be taken seriously by landlords and housing authorities. The only way to know if a child has lead poisoning is to have a healthcare provider perform a blood lead level test.  

What Is Lead Poisoning? 

Lead poisoning occurs when lead accumulates in the body after repeated exposure to contaminated environments. In New York City, the most common source is lead paint poisoning in pre-1978 buildings, where deteriorating paint can produce hazardous dust and chips. 

According to the CDC, no level of lead in a child’s blood is safe. Children ages one through five are most vulnerable. Their developing brains and nervous systems absorb lead more readily than adults do, and even low blood lead levels can cause cognitive impairment, behavioral problems, and developmental delays.  

Lead Poisoning Symptoms 

Many children with lead poisoning show no symptoms at all, which is why blood testing is the only reliable method of detection.  

When symptoms do appear, they may include: 

• Irritability, mood changes, or behavioral problems 

• Sluggishness, fatigue, or loss of appetite 

• Abdominal pain, vomiting, or constipation 

• Learning difficulties, attention problems, or developmental delays 

• Hearing loss or speech delays 

• Seizures, in severe cases  

If your child shows any of these signs or has been in a potentially lead-contaminated environment, contact your pediatrician right away. 

How can a child get lead poisoning?  

While deteriorating lead paint in older buildings is a leading cause of childhood lead exposure in New York City, other sources include:  

• Contaminated soil 

• Older plumbing with lead pipes or solder 

• Imported toys or candy 

• Certain folk remedies 

• Occupational exposure brought home by a parent 

For families in public housing, there have been numerous lead paint lawsuits involving the New York City Housing Authority (NYCHA), which has faced scrutiny for failing to remediate known hazards. 

Steps to Take If You Suspect Lead Poisoning 

If you suspect lead poisoning, follow these five steps:  

Get Your Child Tested 

A blood lead level test is the only way to confirm exposure. Healthcare providers should lead test children at ages one and two, and again between ages three and six if they have not been previously tested. Request this test immediately if you have any concerns. 

Reduce Exposure and Remove the Source 

Limit your child’s time in any area where lead may be present. Wash their hands frequently, especially before meals. Clean floors and windowsills with a damp mop or cloth, and avoid dry sweeping, which spreads lead dust rather than removing it. 

Contact Health Officials 

Contact the NYC Department of Health and Mental Hygiene to request a lead inspection. Under Local Law 1 of 2004, landlords in buildings constructed before 1960, or before 1978 where lead paint is present, are legally required to identify and remediate lead hazards in units where children under six live.  

Determine if Medical Treatment Is Needed 

The CDC’s reference value for elevated blood lead in children is 3.5 µg/dL. At higher levels, chelation therapy (a treatment that helps the body remove lead) may be recommended. Follow your physician’s care plan and keep thorough records of all test results and treatment notes. 

Explore Your Legal Options 

If a landlord’s negligence or a property owner’s failure to act caused your child’s exposure, you may have a valid legal claim. Document everything: photograph any peeling paint or deteriorating conditions, save all medical records, and keep any complaints you made to your landlord in writing.  

“In New York City, the law is clear: Landlords have a duty to protect children from lead hazards. When they fail, families have real legal recourse. We make sure they know that, and that someone is fighting for them.” – Attorney Thomas Giuffra

Can You Sue for Lead Poisoning in New York? 

New York law permits families to pursue civil claims against negligent landlords, property owners, and other responsible parties for lead poisoning. Under Local Law 1 of 2004 (the Childhood Lead Poisoning Prevention Act), landlords in covered buildings have a legal duty to address lead hazards. A landlord’s failure to comply with this law can serve as direct evidence of negligence. 

Under CPLR § 214-c, claims involving toxic substance exposure must generally be filed within three years of discovery. When the injured party is a minor, New York law tolls the statute of limitations until the child turns 18, giving them until age 21 to file.  

Even so, acting promptly is important. Evidence becomes harder to gather over time, and consulting a lead poisoning lawyer as soon as possible is recommended.  

Your Child Deserves Answers. We Can Help.  

Managing your child’s care while navigating a legal claim is difficult. If you are searching for a New York City lead poisoning lawyer who will approach your case with professionalism, care, and the resources your case deserves, we are ready to speak with you. 

Lead paint poisoning litigation at Rheingold Giuffra Ruffo Plotkin & Hellman LLP is led by partner Thomas P. Giuffra, whose trial record includes the largest lead paint verdict in New York State history—a $58 million verdict—along with a $21 million verdict for three children with brain damage from lead poisoning and an $11 million verdict for child brain damage from lead exposure. We work with medical and environmental experts to document blood-lead levels, source the exposure, and prove its neurological and developmental impact. 

Lead poisoning is preventable, and when negligence is involved, it is actionable. Contact us to schedule a free case review with our legal team in New York, NY.