Napoli Bern Ripka, LLP Blog

The lead in paint is added

to speed drying, increase durability, retain a fresh appearance, and resist moisture that causes corrosion. Paint with significant lead content is still used in industry and by the military. Although lead improves paint performance, it is a dangerous substance. It is especially damaging to children under age six whose bodies are still developing. Lead causes nervous system damage, hearing loss, stunted growth, and delayed development. It can cause kidney damage and affects every organ system of the body. It also is dangerous to adults, and can cause reproductive problems for both men and women.

It all started about 10 years ago in which the case was the first in the country seeking to hold pain makers responsible. The reason why this case is such a big deal is because Rhode Island’s decision could influence court decisions in other states, counties and cities where lead-poisoning lawsuits are pending. The lead paint case had drawn comparisons to the tobacco lawsuits that ultimately led to a settlement that cost cigarette makers more than $200 billion. The Rhode Island Supreme Court said the state failed to "establish that defendants interfered with a public right or that defendants were in control of the lead pigment they, or their predecessors, manufactured at the time it caused harm to Rhode Island children."

The three companies made their product available to the public and thus are held responsible for the injuries that the lead pain caused. However, a products liability claim is based on the following causes of action: design defect, manufacturing defect, & failure to warn. It is often hard to prove negligence in product liability cases due to the fact that manufacturers must only show that "ordinary care under the circumstances" was applied to avoid liability for negligence.