Product liability can be a very serious matter. It can happen with any type of product and to anyone. You could get injured or even sick due to the product defect. You have a right to file for a lawsuit. You expect companies to offer you a duty of care. Unfortunately, that isn’t always the case. Companies and establishments sometimes act negligently in order to cut on costs or to avoid taking actions. In some cases, agencies such as the government may be found at fault for product liability. One prominent example when it comes to this would be having lead paint in public housing. Recently in New York City, a claim involving lead paint has resurfaced. This is a serious issue as there may be severe health effects if children as exposed to lead paint.
A federal judge in NYC has preserved claims in a class action lawsuit against the NYC government and the NYC Housing Authority for failing to remove lead paint from public housing. Tenants of these apartments buildings faced U.S. District Judge William Pauley III and came forward when NYCHA stopped inspecting the apartments for lead paint back in 2012. It was found that NYCHA lied to the federal government about maintaining a standard of living for the public housing properties. The judge preserved plaintiffs claims under the Fair Housing Act that the actions of the NYCHA with the lead paint issue could persuade families with children from moving into public housing or remaining there.
The plaintiffs argued that lead inspections had stopped in 2012. They claim that the NYCHA lied about running inspections the were from 2013-2016. In order for the plaintiffs to be able to win the case, it needs to be proven that NYCHA knows exactly what they did. The claim is that 176,000 apartments were not notified of the lead paint situation. An attorney representing to plaintiffs, Corey Stern made a statement stating “You have so many people who probably never would have lived in those apartments had they been provided with accurate lead disclosures.” The plaintiffs allege that false certifications that were sent to the Department of Housing and Urban Development purposefully hid the issue. It was also noted that NYCHA did not let the tenants know about the lead paint situation, which is federally illegal to do. Another claim was also proposed in court. The tenants felt the lead paint situation brought a First Amendment claim. The NYCHA falsified documents to HUD did not give the tenants a chance to speak out against the NYCHA.
Product liability can get messy. Sometimes companies and establishments make mistakes. Other times they have acted negligently and caused you to sustain injury. It isn’t fair. If you or your family has been injured by a defective product then you deserve justice and compensation. You need someone with a lot of experience in product liability law and can fight for your rights. The Law Offices of Howard Craig Kornberg will fight for you and help you get the compensation you deserve. Schedule a free consultation today using this contact form or call us at 310-997-0904 for a free initial consultation.