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Rhode Island Civil Justice System Protects Children
from Dangers of Lead Paint
Manufacturers That Knew Lead Paint Was Deadly Held Accountable, Forced to Clean Up Contamination

(Wednesday, March 1, 2006 -Washington DC)—Last Wednesday a Rhode Island jury ruled that three paint companies endangered children by selling lead paint they knew for decades to be deadly, and today the judge in the case ordered the companies to clean up lead paint problems in over 300,000 homes.

More than 30,000 children in Rhode Island have been poisoned by lead paint, according to state Attorney General Patrick Lynch. One quarter of the nation’s homes have significant lead-based paint hazards, and as many as 1.4 million children under age seven remain at risk, according to the Environmental Protection Agency.

“The civil justice system not only held manufacturers accountable for knowingly exposing Rhode Islanders to dangerous lead paint, it ensured that Rhode Island children living in homes with lead paint will be safer in the future,” said Jon Haber, Chief Executive Officer of the Association of Trial Lawyers of America (ATLA).

Filed by then-Rhode Island Attorney General Sheldon Whitehouse in 1999, the case was the first to hold the paint industry responsible for the dangers lead paint poses to the public, especially to children, who risk permanent brain damage or even death.

“Manufacturers of lead paint put profits before the safety of the public – had they stopped using lead when they knew it was harmful, hundreds of thousands of children would not have been poisoned or permanently injured,” said Haber.

Paint manufacturers knew for decades lead paint posed a threat to the public but continued to market it anyway. One paint advertisement even implied lead paint had positive health effects.[1][1] The use of lead paint was finally banned by the federal government in 1978, but it remains widespread, especially in older homes in the Northeast. The landmark Rhode Island decision could spur the cleanup of contamination in surrounding states where lead paint is prevalent in older homes.

“When CEOs and the most powerful industries dominate our political process, the civil justice system is the last resort to hold negligent corporations accountable and protect our children,” said Haber.

In addition to reportedly delaying the enactment of new regulations required by the Toxic Substances Control Act to protect children from lead paint, Bush proposed a 20 percent funding cut for the federal program to prevent lead poisoning. Bush has also placed at least two people with financial ties to the lead industry on the government panel charged with protecting children from lead paint, and his Interior Secretary previously lobbied Congress on behalf of one of the lead companies held liable in Rhode Island.

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As the world's largest trial bar, ATLA promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With 60,000 members worldwide, ATLA provides lawyers with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.