July 18, 2005 – In a first of its kind ruling, the Wisconsin Supreme Court decided Friday that the lead paint industry can be held liable for health effects associated with lead poisoning so long as the company continued manufacturing a paint additive containing the metal after the health dangers associated with it were known.
Sign up to receive NewStandard headlines and extras by e-mail weekday mornings!
Even though the plaintiff does not know which of the companies he is suing actually caused him harm, the ruling found the suit in question permissible because of lead paint’s general hazard to the public.
The four-to-two ruling overturned lower court decisions and extended a legal concept known as the "risk contribution theory" to the lead paint industry. The theory was outlined in a 1984 Wisconsin high court case, Collins v Eli Lily, which found that a suit against a drug giant could go forth under the auspices of negligence, even though the company’s responsibility was indirect and difficult to document.
The lead paint case began in 1999, when fifteen-year-old Steven Thomas filed suit against several paint companies for using the additive white lead carbonate in their products, despite having known of its toxic nature for years, court papers said. Thomas is mentally retarded, a status the lawsuit claims was caused by lead poisoning. White lead carbonate has been a known health hazard since at least 1917, according to "The Hour of Lead," a report published by the Environmental Defense, an environmental advocacy organization. The federal government banned the use of lead paint in 1978.
Lead poisoning causes several ailments, including retardation and even death in severe cases. Children under the age of six are most at risk because their nervous system is still developing, according to National Safety Council information. According to the Centers for Disease Control, as of 2003 over 300,000 children between the ages of one and five had lead poisoning. According to research presented to the court, minorities and the poor are disproportionately affected by lead poisoning.
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Friday’s decision is the first time any court in the country has allowed lawsuits against multiple paint companies over lead poisoning, the Journal-Sentinel reported.
