The Truth about Lead-Based Paint Liability
If you’re a California Homeowner, you may have seen recent news that you will be held criminally liable if your home contains lead-based paint. This is not true and is simply a scare tactic being used by paint manufacturers that recently lost a court ruling.
A recent California court ruling found that paint companies created a public nuisance by promoting lead-based paint for interior residential use.
The court did NOT designate individual homes containing lead-based paint as public nuisances and did NOT find individual homeowners liable for the creation of the nuisance.
The ruling requires the paint companies to pay the cost of abating lead-based paint in 10 municipalities
The Court did not order current homeowners or sellers to remediate lead-based paint in their homes.
Paint companies are attempting to qualify an initiative on the November ballot to absolve themselves of liability by shifting the burden of lead-based paint remediation costs onto the backs of the California taxpayers.
For authoritative information on lead-based paint hazards and required disclosures, including how to test for it and the most serious conditions, homeowners should consult the following resources:
Residential Environmental Hazards: Guide for Homeowners, Homebuyers, Landlord and Tenants (approved by the California Department of Real Estate and Health Care Services, as well as other state agencies). Available at cdph.ca.gov.
Protect Your Family from Lead Paint in Your Home (Issued by the United States Environmental Protection Agency, Consumer Product Safety Commission, and the Department of Housing and Urban Development). Available at epa.gov.