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Can I sue my landlord for my daughter's lead poisoning?

1 Answers. Asked on Nov 15th, 2016 on Personal Injury - Wisconsin
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My 2 1/2 y/o daughter has been diagnosed with lead poisoning. When her pediatrician initially caught it, it was at about 34. I was called at home and told to rush her to children's hospital so I did(and dad had to miss work to stay with our other 2 toddlers) we were eventually told that her levels had gone down and would likely continue to go down over time. We were sent home. During the following weeks the health and lead department came to our house to inspect for lead and told us they would order our landlord to replace the windows, which they believed to be the source of the lead. so to make a long story shorter, the windows were replaced yet 2 weeks later after another lead follow up with her doctor, i was again called at home and told to rush my daughter to the hospital because her levels had gone up to 52! She was hospitalized, iscurrently on meds and she's also having developmental delays(not talking ,spinning continuously, no focus).Could I win a lawsuit against my landlord?
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Answered on Nov 16th, 2016 at 9:37 AM

Yes, you have a right to sue your landlord in behalf of your child. Whether you could win the lawsuit (your last question), is a different issue. There is also no purpose in suing your landlord unless they have a comprehensive liability insurance policy on the property in question, in my opinion. The statute of limitations for an injury case in WI for a minor child is 2 years beyond the age of majority, not the traditional SOL of 3 years to sue from the date of the occurrence or the claim is otherwise barred.

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800

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