Public Nuisance Liability "Monster" Threatens to "Devour" Lead Paint Makers

For almost two decades, paint manufacturers have successfully defended lawsuits alleging that lead-based paint had contaminated homes, supposedly injuring countless home owners and their children. Over the past six months, however, decisions in cases run on novel legal theories may signal a paradigm shift in this litigation.

In February, following an earlier hung jury, the State of Rhode Island scored a significant victory against lead-based paint makers, with a jury of six deciding that defendant manufacturers (and their trade association) were liable on a public nuisance theory for Rhode Island’s lead paint problems -- putting defendants at risk for the cost of abating the problem in more than 240,000 homes, at an estimated cost of more than $1 billion.¹