Lead Paint Verdict Sets Dangerous Precedent

A California judge has just ruled that manufacturers of lead paints and pigments have to pay 10 cities in California $1.1 billion to remediate lead paint used in homes there.

I wrote about this last summer, when the lawsuits first popped up on my radar. And I have to say, I'm surprised at the result. The legal theory under which this suit was brought is pretty novel; after all, as the defense team argued, lead paint was being phased out for home interiors even before World War II, and it was outlawed entirely in 1978. Moreover, it's basically safe as long as it stays on the walls. It only becomes a problem during renovations, or if your house is poorly maintained. The homeowner, or the landlord, have at least as much responsibility as the paint manufacturers. And the homeowners and landlords are alive, unlike the long-dead men who decided to make paint with lead in it.