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Remedies Keyed to Kovacic-Fleischer, 8th
In re Lead Paint Litigation
Citation:
191 N.J. 405, 924 A.2d 484 (2007)Facts
On December 14, 2001, the City of Newark initiated litigation against numerous lead paint manufacturers and their corporate successors, asserting multiple theories of liability. Twenty-five other municipalities and counties filed similar complaints. The plaintiffs sought to recover costs associated with addressing lead paint contamination in their communities, including detection, removal, medical care for affected residents, and educational programs. Lead paint, which was banned in 1978, remains present in many older buildings, particularly those built before 1950. When lead paint deteriorates through flaking, peeling, or disturbance, it creates dust that can be ingested by children, causing serious health effects including learning disabilities, hyperactivity, and mental retardation. The Legislature had previously enacted comprehensive statutory schemes addressing lead paint through the Lead Paint Act, which focused enforcement and abatement responsibilities on property owners, and through various funding mechanisms for remediation and health care.
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