Many New Hampshire homes were built years ago, and although these residences come with a certain charm, they may also pose serious dangers to residents. One common health hazard that individuals may suffer related to these homes is exposure to lead and lead poisoning. Lead paint was commonly used in New Hampshire homes before Congress’ ban in 1978.
Studies suggest that almost 40 million homes in the United States built before the 60s contain lead paint. Many of the homes containing a concerning amount of lead paint include children under six years old. This is alarming because exposure to lead paint can lead to lead poisoning, which can cause severe permanent damage.
Recently, an appellate court in New Hampshire issued an opinion in a consolidated action between a landlord seeking unpaid rent and tenants who alleged that their children suffered harm as a result of lead exposure while living in the landlord’s property. The couple moved into the landlord’s apartment when their twin children were one year old. Several months later, the parents became concerned about developmental delays. At their check-up, both children received lead testing, which revealed elevated levels. The family moved out of the residence, and their landlord filed an action against them, seeking unpaid rent. The family presented expert evidence suggesting that the children’s delays were related to lead in the apartment. The landlord argued that the expert’s finding should be excluded because his methodology was unsupported by medical literature. The appellate court ultimately remanded the case, but found that experts in these cases are not required to base their opinions on one specific type of methodology, so long as their methods are reliable.