Any type of poisoning injury can have devastating effects on the body. Our Toledo poisoning injury attorneys handle poisoning cases involving lead poisoning, carbon monoxide poisoning, and food poisoning. Learn more about the different types of Ohio poisoning injury cases and premises liability cases our office handles.
Lead Poisoning Claims
The hazards of lead paint poisoning have been known throughout the world since the early 1900’s. However, it was not until 1978 that the use of lead paint became illegal in the United States after the EPA banned it. Most cases of child lead poisoning result from the ingestion and inhalation of lead-based paint and particles. However, other sources of lead, such as vinyl mini-blinds and toys may also be a source of lead hazards.
Consequences of Childhood Lead Poisoning
The Centers for Disease Control defines child lead poisoning as an elevated blood lead level greater than nine micrograms per deciliter. Lead poisoning in children is typically detected through routine blood tests at annual exams. Many children have no symptoms at the time that they are lead poisoned, other than common child complaints like stomach pain or loss of appetite. Problems with behavior, learning, and development typically surface as the child progresses through elementary school.
Children under the age of seven are at the greatest risk from lead poisoning. Children tend to absorb lead into their system at a much higher rate than adults. Lead poisoning injuries are serious and are irreversible, including:
- Learning disabilities
- Loss of IQ points
- Speech problems
- Developmental delays
- Loss of earning capacity
- Hyperactivity and attention deficit disorder (ADHD)
- Delinquent and criminal behavior
- Brain damage
- Wrongful death
Because of the injuries caused by lead poisoning, many children will be unable to achieve their full intellectual potential and earning potential. Such children may need special education services for many years. For these reasons, the damages sustained by a lead poisoned child are significant. Many communities have excellent support groups for parents and family members of children diagnosed with the disease.
Landlords and Lead Poisoning
Landlords typically deny any knowledge of lead hazards in the home, despite local and federal regulations that require them to give notice of potential hazards to the tenant. Many landlords also refuse to abate or cover the hazards and demand that the tenants undertake these actions, which is clearly contrary to Ohio law.
After a child is diagnosed with an elevated blood lead level, the diagnosing doctor or clinic sends a notice to the health department to perform an inspection to determine the source of the child’s lead poisoning. Ohio Department of Health oversees county health departments to implement state procedures for inspections of properties. Many larger cities, like the City of Toledo, have their own lead poisoning prevention programs. It is often through these lead risk assessments that the paint hazards are identified in the landlord’s rental property.
Ohio Carbon Monoxide Poisoning Lawyer
Our Toledo poisoning lawyers have handled serious injury cases involving carbon monoxide poisoning. Toxic exposure to carbon monoxide can result in physical problems, neurological problems, and even death.
The most common symptoms at the time of carbon monoxide exposure are nausea, dizziness, headaches, chest pain, and confusion.
Carbon monoxide is a colorless, odorless gas. It is a by-product of incomplete combustion that interferes with the delivery of oxygen in the blood to the rest of the body. As a result, it is often referred to as the “silent killer.”
Since carbon monoxide has so many “hidden” dangers, it is important that your attorney understand the necessary requirements to prove liability and damages in a carbon monoxide poisoning case.
Carbon monoxide interferes with the distribution of oxygen in the blood to the rest of the body. Depending on the amount inhaled, this gas can cause:
- Poor coordination
- Cardiovascular conditions
- Fatigue · Headaches
Very high levels can cause wrongful death. The symptoms are sometimes confused with the flu or food poisoning.
Carbon monoxide is produced as a result of incomplete burning of carbon-containing fuels including coal, wood, charcoal, natural gas, and fuel oil. It can be emitted by combustion sources such as:
- Unvented kerosene and gas space heaters
- Wood stoves
- Gas stoves
- Water heaters
- Automobile exhaust from attached garages
- Tobacco smoke
Problems can arise as a result of improper installation, maintenance, or inadequate ventilation.
To win a carbon monoxide poisoning case, the injured party must establish that they were exposed to carbon monoxide, that they had levels of carbon monoxide that were high enough to cause physical injuries, and that they did, in fact, suffer physical injuries from the poisoning. The injured party must also prove that the poisoning was due to the negligence of another person or business, such as an apartment complex failing to maintain the furnace, or due to a defective product, like a faulty portable heater or furnace. It is important to contact an attorney immediately after the exposure before defective products are lost or destroyed and faulty furnaces are repaired.
Contact a Toledo Poisoning Lawyer
If your child is showing lead poisoning symptoms, contact a physician right away. Parents and relatives of lead poisoned children are encouraged to contact Charles E. Boyk Law Offices, LLC immediately to learn about the legal rights of their children.