Rhode Island Sues Lead Paint Manufacturers
September 4, 2002

Nearly three decades after lead paint was banned from the market, Rhode Island, one of the states with the highest rates of lead poisoning in the nation, is bringing suit against eight lead paint manufacturers saying they created a public nuisance by selling their product. Thousands of children throughout the state have been poisoned by lead paint in their buildings. Attorney General Sheldon Whitehouse has indicated that, in addition to this harm caused in the past, the suit will cover the threat of future harm as well.

In a step-by-step approach, Rhode Island is first seeking to show that lead-paint manufacturers created a public health hazard with their product. Next, the suit must to show that the paint manufacturers are liable and must pay damages of an as of yet unspecified amount.

Paint companies deny responsibility for poisoning from lead paint, which occurs after paint begins to flake and chip. Instead, they assert that responsibility lies with landlords who fail to maintain properties and prevent exposure.

The outcome of this suit is being carefully monitored by other states poised to follow Rhode Island's lead and file similar suits.

Lead paint was banned nationwide in 1978, when it was shown to cause health problems in children, such as learning disabilities, neurological damage, and even death. Last year, 8.1 percent of Rhode Island children under the age of six had elevated lead levels.