Your Landlord Knew the Law. Now It's Time They Answer to It.
If your child has been diagnosed with elevated blood lead levels, you may already have a stronger case than you realize. New York City law places the responsibility for lead paint inspection and remediation squarely on landlords — and when they fail to meet that obligation, the law treats that failure as negligence. At Gottfried Law Group, we represent families in the Bronx and across NYC who are living with the consequences of that failure, and we do it on a contingency basis, meaning no upfront cost to you.
Why the Bronx Is Ground Zero for Lead Paint Claims
The Bronx has the highest concentration of pre-1978 housing stock of any borough in New York City. Lead-based paint was standard in residential construction before it was banned for home use in 1978, and millions of square feet of it still exist behind walls, under windowsills, and on door frames across Bronx neighborhoods. When that paint deteriorates — through friction, moisture, or age — it produces dust and chips that young children ingest without any awareness of the risk. Landlords in this borough have known about this hazard for decades. Many have chosen to do nothing.
What NYC Local Law 1 Requires — and What Happens When Landlords Ignore It
New York City enacted Local Law 1 of 2004 to force landlords to act. Under this law, owners of multiple dwellings are required to conduct annual inspections of any apartment where a child under the age of six lives, and to remediate any lead paint hazard identified. The law is not ambiguous. It does not allow landlords to wait for a complaint. It requires proactive action on a defined schedule.
When a landlord fails to inspect or remediate as required, that failure is negligence per se under New York law. That legal standard matters enormously to your case. It means you do not have to prove the landlord was careless — the violation of the statute itself establishes liability. If your landlord did not comply with Local Law 1, the law is already on your side.
Understanding the Damages in a Childhood Lead Poisoning Case
Lead poisoning claims involving children are among the most significant premises liability cases in New York, not because of dramatic visible injuries, but because of what the science shows about long-term harm. Lead is a neurotoxin. Even at low levels of exposure, it interferes with brain development in ways that can affect a child's cognitive function, attention, language acquisition, and academic performance for the rest of their life.
In New York, any blood lead level above 3.5 micrograms per deciliter is considered a reportable condition. A diagnosis at that threshold does not need to present with obvious symptoms today to support a claim for substantial future damages. The harm may not be fully visible until years later — in a child's academic record, in neuropsychological testing, in the gap between what they were capable of and what the exposure cost them. We work with medical and neuropsychological experts who can document that gap and translate it into a damages case that reflects the full scope of what your child has lost.
Three Questions Parents Ask Us First
If your child has been diagnosed with elevated blood lead levels and you live or lived in a pre-1978 building in New York City, the answer is: possibly yes, and you should find out. The key factors are whether your landlord complied with Local Law 1, the age of the building, the extent of your child's exposure, and the documented blood lead levels over time. We evaluate every qualifying case at no charge. You do not need to know the legal answer before you call — that is exactly what the consultation is for.
I Found Out My Child Has High Lead Levels — Do I Have a Case?
If your child has been diagnosed with elevated blood lead levels and you live or lived in a pre-1978 building in New York City, the answer is: possibly yes, and you should find out. The key factors are whether your landlord complied with Local Law 1, the age of the building, the extent of your child's exposure, and the documented blood lead levels over time. We evaluate every qualifying case at no charge. You do not need to know the legal answer before you call — that is exactly what the consultation is for.
The Diagnosis Doesn't Seem Severe Enough to Sue Over
Lead damage does not always announce itself immediately. A child who appears to be developing normally may still have measurable cognitive deficits that only become apparent when they begin school or are tested by a specialist. The absence of dramatic symptoms at the time of diagnosis is not evidence that the harm is minor — it is evidence that the harm has not yet been fully expressed. We plan for that. Our approach to damages accounts for the long-term trajectory of lead-related injury, not just the snapshot at the time of your child's last blood test.
My Landlord Says the Paint Was Tested and It Was Fine
That is a common defense, and it deserves scrutiny. The landlord's test and an independent test conducted by our experts do not always produce the same result. Testing methodology, the age of the test, the surfaces that were and were not examined, and the qualifications of the person who conducted the inspection all affect the outcome. We have litigated against defendants who disputed their own testing results and prevailed. Do not accept the landlord's conclusion without independent verification — that is precisely what we are here to do.
My Landlord Says the Paint Was Tested and It Was Fine
That is a common defense, and it deserves scrutiny. The landlord's test and an independent test conducted by our experts do not always produce the same result. Testing methodology, the age of the test, the surfaces that were and were not examined, and the qualifications of the person who conducted the inspection all affect the outcome. We have litigated against defendants who disputed their own testing results and prevailed. Do not accept the landlord's conclusion without independent verification — that is precisely what we are here to do.
How a Lead Poisoning Case Works
Documenting Your Child's Exposure History
That is a common defense, and it deserves scrutiny. The landlord's test and an independent test conducted by our experts do not always produce the same result. Testing methodology, the age of the test, the surfaces that were and were not examined, and the qualifications of the person who conducted the inspection all affect the outcome. We have litigated against defendants who disputed their own testing results and prevailed. Do not accept the landlord's conclusion without independent verification — that is precisely what we are here to do.
Establishing Landlord Liability Under Local Law 1
We review your lease, the building's inspection history, and the landlord's compliance record with Local Law 1 of 2004. If the required annual inspections were not conducted, or if identified hazards were not remediated, that record becomes the foundation of the liability case. In many Bronx cases, the violations are already documented in city records before we file a single court paper.
Independent Testing and Expert Analysis
We retain independent environmental testing experts to inspect the property and, where necessary, challenge the landlord's prior test results. We also work with neuropsychological and medical experts who can assess the extent of your child's cognitive and developmental injury and project the long-term impact of that injury on their life. This expert foundation is what separates a well-prepared lead poisoning case from one that settles for far less than it should.
Building the Full Damages Picture
Lead poisoning damages are not limited to past medical bills. A well-prepared case accounts for future medical care, neuropsychological treatment, educational support, lost earning capacity, and pain and suffering. Because these cases often involve children with decades of life ahead of them, the damages can be substantial. We build the case to reflect that reality from the beginning.
The Statute of Limitations — and Why It May Be Longer Than You Think
In New York, the general statute of limitations for personal injury claims is three years. But for minor plaintiffs, the clock typically does not begin to run until the child turns 18. That means a child diagnosed with lead poisoning at age three may have until age 21 to file a claim. This extended window is critically important for families who are still processing a diagnosis or who did not initially understand their legal rights. If you are a parent reading this page, do not assume it is too late — contact us and let us confirm the timeline for your child's specific situation.
Why Families Choose Gottfried Law Group for Lead Paint Cases
Eric Gottfried has practiced personal injury law in the Bronx for more than 30 years. He has been recognized as a New York Metro Area Super Lawyer every year from 2009 through 2026 and was named a Top 50 Lawyer in America in 2024. His work has been featured in The New York Times, the New York Post, the Daily News, and on 1010 WINS Radio. He handles every client matter personally — you will not be passed to a paralegal or a junior associate.
Gottfried Law Group represents clients in the Bronx, Brooklyn, Manhattan, and Queens on a contingency fee basis. You pay nothing unless we recover for you.
Contact a Bronx Lead Paint Attorney Today
If your child has been diagnosed with elevated blood lead levels, the time to act is now — not because the filing deadline is tomorrow, but because evidence degrades, landlords conduct their own remediation, and every day that passes is a day without the resources your child may need. We offer free consultations, we handle cases on contingency, and we are available 24 hours a day. Call us or submit your information below and we will be in touch the same day.
Frequently Asked Questions About Lead Paint Claims in New York
What is Local Law 1 and how does it affect my landlord's liability?
Local Law 1 of 2004 requires New York City landlords to conduct annual inspections for lead paint hazards in apartments where children under six reside and to remediate any hazards found. A landlord who fails to comply with this requirement is considered negligent per se under New York law, meaning their violation of the statute itself establishes liability without requiring additional proof of carelessness.What blood lead level is considered dangerous enough to support a lawsuit?
New York State classifies any blood lead level above 3.5 micrograms per deciliter as a reportable condition. That threshold alone does not determine whether a lawsuit is viable — we also evaluate the duration of exposure, the building's inspection history, and the documented or projected cognitive and developmental effects. Many successful cases involve children whose initial symptoms appeared mild but whose testing revealed measurable neurological impact.How long do I have to file a lead poisoning lawsuit for my child?
For minor plaintiffs, the statute of limitations in New York typically does not begin to run until the child turns 18. That means a child diagnosed at a young age may have until age 21 to file a claim. This is a significant distinction from the standard three-year window that applies to adult plaintiffs. We strongly recommend contacting us to confirm the specific timeline that applies to your child's situation.What if we no longer live in the apartment where the exposure occurred?
You can still pursue a claim. The relevant question is whether the exposure occurred in a covered dwelling during the period when your child was under six years old, and whether the landlord failed to comply with their legal obligations at that time. We gather historical records, prior inspection reports, and city violation data to reconstruct the exposure history regardless of your current address.What does it cost to hire Gottfried Law Group for a lead poisoning case?
Nothing upfront. We handle lead paint cases on a contingency fee basis, which means our fee comes out of the recovery only if we win. If we do not recover for you, you owe us nothing. Every initial consultation is free.
