Anyone know where to get lead testing kits? I have in mind something I can use to test surfaces or pieces of material (for example, chipped paint) for lead. Something fairly reliable but not super-expensive (this isn't an OHSA operation after all). This would be a service for my customers, to let them know for sure whether their walls/kitchen drawers/whatever are a potential lead hazard.
Helpful replies appreciated.
Home Depot's got em. 9.99 for the kits. They look like a small vial with a dauber on the end, you crush the vial, the "juice" flows up to the dauber, if there's lead it changes to a specific color.
Ace Hardware
Good that you want to do that, but just a few comments.
First off, get yourself certified to do the lead work. Most training is free. Go to HUD.gov and read their info from the Office of Lead Hazard Control
Secondly, I'm not sure if you can legally take lead samples "for hire" without being certified as a lead risk assessor. You should check into that.
Finally, most gov't have a not-for-profit working in the area that does lead work. If you take samples (tape and a knife) and bring them in, they will usually send them to a lab for a nominal fee and get real results.
Lead-Safe Work Practices will probably be a big "upsell" in most markets in the future. People love to protect their kids.
On 4/7/2008 8:12 AM Pat spake thus:
Thanks; you've given me some good stuff to think about. I do take this seriously, so maybe I'll try to get that training.
David Nebenzahl wrote: ...
In particular you want to be _VERY_ careful about testing you do and possible legal ramifications therefrom -- I'd approach it warily and make sure you know the rules of potential liability you might be creating for yourself.
The reality of whether there's a serious threat or not isn't really the issue -- it's the liability that one may create for oneself by missing out on some legal rule or the implied promise of "clean/dirty" that might be inferred that I'd be concerned over.
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Here's a story that will keep you up nights like it is me. We are being su ed by a tenant who occupied a rental home sixteen years ago. They had a ch ild aged two. Allegedly the child was exposed to lead paint. The statute of limitations does not start for minors until they are adults, aged 18 in California. After sixteen years the insurance company doesn't have records of our policy. We don't have the policy. Also, the policy they do have f rom 2002 has a lead "pollution" exclusion. Welcome to world of lead paint lawsuits.
Over the years I've thought about becoming a slumlord but then I read a story like yours. Good luck, your case sure sucks.
snipped-for-privacy@yahoo.com posted for all of us...
from 2002 has a lead "pollution" exclusion. Welcome to world of lead paint lawsuits.
I think the insurance co is shining you on as if it was written in their favor they would pop up a wet one. I would contact the state insurance cabal to see if they have one Go to your shyster and ask him for the term that's used if they don't want to cover you. I can't remember what it is.. Lack of Faith or something...
g sued by a tenant who occupied a rental home sixteen years ago. They had a child aged two. Allegedly the child was exposed to lead paint. The stat ute of limitations does not start for minors until they are adults, aged 18 in California. After sixteen years the insurance company doesn't have rec ords of our policy. We don't have the policy. Also, the policy they do ha ve from 2002 has a lead "pollution" exclusion. Welcome to world of lead pa int lawsuits.
It would seem to me that the defense would go something like this. They have to prove that the child was harmed by the lead paint, right? What proof do they have and if they have proof, why did they wait until now to sue? If they have medical records, test reports while they were living there, then they certainly would have contacted you at the time. So would the state, as they would almost certainly have been in the loop. Or if they learned of it a year later, again, they should have contacted you so that this danger could have been fixed before it happened to the next tenant.
So, when did they first learn of this alleged lead poisoning and how do they know it was your house that caused it? They may still be within the statute of limitations, but the longer you let something go, most times the harder it is to prove your case. What was the history of the house in those 16 years? Anyone else find a lead problem? Still own it?
There's a lesson for others.
Because his parents didn't, and now he is, and your objection wouldn't even be raised in court. That's the point of saying the SOL doesn't start until the plaintiff is 18. It applies I think to all negligence suits. Before that rule, children with parents who didn't look out for their childrens' interests were just screwed.
Again, that doesn't matter.
Not if no one reported it. If the kid had the best parents, they wouldn't have let him eat the paint at all, and they would have moved if there was peeling lead paint, so we know that either there was no problem, the parents didn't realize there was one, or they were negligent parents, so why would they report a problem?
If the next tenants were only adults, they might not have cared if there was flaking paint.
That's all true and points in the OP's favor. OP, can you find any of the other tenants, before or after?
Tekkie® posted for all of us...
g sued by a tenant who occupied a rental home sixteen years ago. They had a child aged two. Allegedly the child was exposed to lead paint. The stat ute of limitations does not start for minors until they are adults, aged 18 in California. After sixteen years the insurance company doesn't have rec ords of our policy. We don't have the policy. Also, the policy they do ha ve
I remember it: It's called Bad Faith
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