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ARTICLE ID 193517

$________ CONFIDENTIAL – Premises Liability – Owner Liability – Lead Paint – Minor plaintiff was exposed to lead paint while residing at the property – Cognitive deficits

Withheld County, MA

In this lead paint matter, the plaintiff alleged that due to the defendant property owner’s negligence, she was exposed to lead paint, which caused cognitive deficits to the minor plaintiff. The defendant denied liability and disputed that the plaintiff ever resided on the property.

The female plaintiff was a minor at the time that she resided in ________ at the defendant’s rental property. While residing there, the plaintiff suffered lead poisoning. Her blood lead levels were 33 micrograms of lead per deciliter of blood, which far exceeded the CDC threshold of 5 micrograms per deciliter. Neuropsychological testing demonstrated that the plaintiff suffers from cognitive deficits as a result of her exposure and lead poisoning, including phonological awareness difficulties, reading disabilities, and executive function deficits.

The plaintiff brought suit against the defendant property owner just prior to the plaintiff’s 21st birthday, alleging that the defendant was liable for the plaintiff’s injuries, due to the defendant’s negligence in permitting lead paint to exist on the premises, creating a hazardous condition that the defendant failed to remediate.

The defendant denied the allegations, and argued that the plaintiff never resided in the defendant’s premises and therefore, the defendant could not be liable for any alleged injuries or damages. The defendant also disputed the nature and extent of the plaintiff’s injuries and damages.

The parties agreed to mediate the plaintiff’s claim.

The parties agreed to the sum of $________ to resolve the plaintiff’s claim during the mediation in a confidential settlement between the parties.

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