Is Public Nuisance Over?

Implications: Paint companies are off the hook- but should others beware?

Analysis: The public nuisance approach was novel -- and ultimately without merit because there was no remedy for the claims. Influencing the court was the fact that the manufacturers had no control over how others, later in the stream of commerce, used the products.

While paint companies can breathe easier, landlords should still be concerned.
The court did not find that very low levels of exposure to lead paint were not harmful. In fact, the court expressed sympathy with those who claimed to be injured.

Landlords who failed to cove or remove chipping lead paint are now the main targets of plaintiff lawyers who continue to hope that lead paint is the new tobacco -- in terms of revenue.