Lead Paint Public Entity Lawsuits: Has the Broad Stroke of Tobacco and Firearms Litigation Painted a Troubling Picture for Lead Paint Manufacturers?

Abstract

This Comment will first explore the history of lead paint use and the current problem of lead poisoning. Next, this Comment will examine the history of lead paint litigation, including the successes and failures of private suits against landlords, housing authorities, and manufacturers of paint, and the successes and failures of private class actions. It will also examine the unique causation problems raised by lead paint claims. Next, this Comment will explore the powerful but checkered history of public entity lawsuits. It will address the successes and failures of the tobacco and firearms suits, with an eye to how these previous suits may affect the Rhode Island suit and future lead paint public entity actions. In this respect, this comment will address the similarities to and differences from previous public entity suits. This Comment will then argue the pros and cons of public entity suits and private actions. Finally, this Comment will look to future public entity lawsuits with an eye to improvement. Much can be learned from the tobacco and firearms litigation. What is the best way to redress the injuries of children and homeowners, while providing confidence and satisfaction in the American justice system?