Lead Poisoning Settlements in Tennessee

Lead poisoning affects thousands of Tennessee families each year, especially children under six. The harm can last a lifetime, causing learning disabilities, behavior problems, and serious health issues. If you or your child was exposed to lead due to someone else’s negligence, you have rights under Tennessee law.

Lead exposure is not a thing of the past – it remains a real threat in homes, schools, and workplaces across Tennessee.

While no amount of money can undo lead’s damage to the brain and body, a settlement can help pay for medical care, therapy, and education support. Let’s look at how lead poisoning cases work in Tennessee, what affects settlement amounts, and how to protect your family’s rights.

How Lead Poisoning Happens in Tennessee

Lead exposure in Tennessee typically comes from these sources:

1. Older Homes With Lead Paint

Homes built before 1978 likely contain lead-based paint. This paint becomes dangerous when it:

• Peels, chips, or cracks
• Creates dust during renovation
• Contaminates soil around the home

2. Contaminated Water

Lead can enter drinking water from:

• Old lead service lines connecting homes to water mains
• Lead solder in older plumbing
• Brass fixtures containing lead

Several Tennessee communities have found concerning lead levels in drinking water, particularly in schools and older neighborhoods.

3. Industrial Exposure

Lead exposure also happens in workplaces like:

• Battery manufacturing facilities
• Metal recycling operations
• Construction and demolition sites
• Shooting ranges

Workers can unknowingly bring lead dust home on clothes, shoes, and skin, exposing their families.

4. Consumer Products

Some products still contain lead, including:

• Imported toys and jewelry
• Traditional medicines and cosmetics
• Certain pottery and ceramics
• Artificial turf and playground materials

These items can cause acute lead poisoning, especially in young children who put things in their mouths.

Who Can Be Held Responsible for Lead Poisoning

Different parties may be legally responsible for lead exposure, depending on the circumstances:

Landlords and Property Owners

Tennessee landlords must disclose known lead hazards in properties built before 1978. They can be liable if they:

• Failed to provide federally required lead disclosures
• Knew about peeling paint but didn’t fix it
• Performed improper renovations that released lead dust
• Ignored tenant complaints about paint conditions

Landlords have a legal duty to maintain safe properties under Tennessee law. Courts have consistently held landlords responsible for lead poisoning in rental properties.

Schools and Daycare Facilities

These institutions may be liable if they:

• Failed to test water for lead when required
• Knew about lead hazards but didn’t address them
• Didn’t notify parents about known lead risks

The Tennessee Department of Environment and Conservation now requires testing in schools, making it easier to prove negligence when facilities don’t comply.

Manufacturers and Contractors

Companies can be responsible if they:

• Made or sold products containing illegal lead levels
• Performed renovations without proper lead-safe practices
• Failed to contain lead dust during construction work
• Didn’t provide proper warnings about lead content

Contractors working on pre-1978 homes must follow EPA lead-safe work practices or face significant liability.

Water Authorities and Municipalities

In some cases, public entities may be liable if they:

• Failed to properly treat water to prevent lead leaching
• Didn’t test water according to regulations
• Didn’t notify residents about elevated lead levels
• Made infrastructure changes that increased lead levels

Claims against government entities follow special procedures in Tennessee with shorter filing deadlines.

Factors That Affect Lead Poisoning Settlement Amounts

The value of a lead poisoning case in Tennessee depends on several key factors:

1. Blood Lead Levels

Higher blood lead levels generally correlate with larger settlements because:

• They indicate more severe exposure
• They cause more significant health effects
• They require more extensive medical intervention

The CDC now recognizes that no blood lead level is safe for children. Even levels once considered “acceptable” (below 5 µg/dL) can cause lasting harm.

2. Age at Exposure

Children exposed at younger ages typically receive larger settlements because:

• Developing brains are more vulnerable to lead damage
• Earlier exposure causes more permanent harm
• Cognitive effects are more pronounced when exposure occurs before age six

Infants and toddlers often have the strongest cases due to their critical developmental stage.

3. Duration of Exposure

Longer exposure periods usually result in higher settlements since:

• Chronic exposure causes more extensive damage
• Lead accumulates in the body over time
• Long-term exposure is more likely to cause permanent harm

Cases involving years of exposure in the same home typically result in larger recoveries than brief exposures.

4. Evidence of Negligence

Stronger evidence of negligence strengthens cases when:

• Landlords ignored previous tenant complaints about paint
• Property owners knew about lead but didn’t disclose it
• Companies violated clear regulations on lead content or remediation
• Repeat violations show a pattern of negligent behavior

Cases with clear documentation of warnings ignored or regulations violated tend to resolve with higher settlements.

5. Observable Damages

Cases with documented effects receive higher settlements, including:

• Confirmed diagnosis of lead poisoning with blood tests
• Measurable cognitive impairment on standardized tests
• School records showing learning difficulties
• Medical records linking symptoms to lead exposure

Expert testimony connecting the lead exposure to specific harm is crucial for maximizing compensation.

Frequently Asked Questions

How do I know if my child has lead poisoning?

Lead poisoning often shows no obvious symptoms. The only reliable way to detect it is through a blood test. Signs to watch for include developmental delays, learning problems, irritability, loss of appetite, weight loss, sluggishness, abdominal pain, and vomiting. If you suspect lead exposure, ask your doctor for a blood test.

Can I file a claim if my landlord didn’t know about the lead?

Yes. In Tennessee, landlords of pre-1978 properties must provide lead disclosure forms whether they know about lead or not. Failure to provide these forms alone can be grounds for a claim. Additionally, landlords have a legal duty to maintain safe premises, and courts have found they should reasonably know about potential lead hazards in older properties.

What if multiple sources contributed to the lead poisoning?

Your attorney can file claims against all potentially responsible parties. Tennessee follows “modified comparative fault” rules, meaning responsibility can be divided among multiple parties. Each defendant may be held liable for their portion of fault, which is determined during settlement negotiations or at trial.

Can I still file a claim if the lead exposure happened years ago?

Possibly. For children, the statute of limitations may not start running until they turn 18. Additionally, the “discovery rule” means the one-year time limit might not begin until you discovered (or should have discovered) the lead poisoning and its connection to the defendant’s negligence. Consult with an attorney immediately to evaluate your specific situation.

Get Help With Your Lead Poisoning Case

Lead poisoning cases need careful handling. The Higgins Firm has helped families across Tennessee get compensation after lead exposure.

We work with medical experts, environmental specialists, and economists to build strong cases that account for all past and future damages from lead poisoning.

Call The Higgins Firm today to discuss your lead poisoning case and learn how we can help your family move forward.