Lead Poisoning in Michigan Is Not a Problem of the Past
The Flint water crisis put Michigan's lead problem on the national stage, but the truth is that lead poisoning from deteriorating paint in older housing has been quietly devastating Michigan children for decades. Detroit, Hamtramck, Highland Park, Pontiac, and dozens of other Michigan cities have housing stock built before the 1978 federal lead paint ban. In these homes, chipping and peeling lead paint creates toxic dust that children ingest through normal hand-to-mouth behavior. The results are devastating and permanent.
What Lead Does to Children
There is no safe level of lead exposure in children. Even low levels cause irreversible cognitive damage including reduced IQ, learning disabilities, attention deficit disorders, and behavioral problems. Higher levels cause seizures, kidney damage, and in extreme cases, death. The damage is neurological and permanent — it cannot be reversed with treatment. A child poisoned by lead at age two carries the consequences for the rest of their life. The economic impact — lost earning capacity, special education costs, medical treatment — can total millions of dollars over a lifetime.
Landlord Liability Under Michigan Law
Michigan landlords have a legal duty to maintain rental properties in a habitable condition under the Michigan Housing Law of 1917 (MCL § 125.401 et seq.) and local housing codes. When a landlord knows or should know that a pre-1978 property contains lead paint hazards — and fails to remediate them — they are liable for injuries caused by lead exposure. Evidence that establishes landlord liability includes prior lead inspections showing elevated levels, tenant complaints about peeling paint that went unaddressed, housing code violations cited by inspectors, and knowledge that the property was built before 1978 (creating a presumption of lead paint presence).
Building the Case
Lead poisoning cases require connecting three things: the source of lead (the specific property and specific lead hazards), the exposure pathway (how the child was exposed — typically ingestion of paint chips or contaminated dust), and the resulting harm (documented through blood lead level testing, neuropsychological evaluation, and medical records). Koussan Law works with environmental testing companies, pediatric toxicologists, and neuropsychologists to build comprehensive lead poisoning cases.
Damages in Michigan Lead Poisoning Cases
Damages include past and future medical expenses, special education costs, lost future earning capacity (calculated by economists based on the measured cognitive impairment), pain and suffering, emotional distress, and the cost of ongoing monitoring and treatment. In cases involving egregious landlord conduct — such as knowingly renting a lead-contaminated property to a family with young children — exemplary damages may also be available.
If your child has been diagnosed with elevated blood lead levels, call Koussan Law at (313) 800-0000. Time matters — evidence in the property needs to be preserved before the landlord can remediate and destroy it.
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