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News & Press: Sacramento Report

Assembly Passes Lead-Based Paint Public Nuisance Bill

Tuesday, June 19, 2018  
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Without any votes to spare, the Assembly passed AB 2803 (Limon) by a vote of 41-27. The bill provides that residential lead-based paint that affects the health of a considerable number of persons interferes with a public right. The substance of the bill is to subject a party to liability for public nuisance if it promoted lead-based paint for a particular use with actual or constructive knowledge that such use would cause health hazards sufficiently serious to render that use unreasonable.

Under the bill, in an action seeking solely abatement of residential lead-based paint that has been found to interfere with a public right, an aggrieved party need not present evidence that a party caused a particular lead-based paint to be applied in a particular residence in order to prove causation. Instead, causation may be inferred from evidence that does not itself constitute direct evidence of reliance on an individual basis.

In support of the changes to the nuisance law the bill makes several Legislative findings and declarations, including reciting a history of the litigation and court decisions finding that lead-based paint in residences may constitute a public nuisance and that lead pigment paint manufacturers may be held liable for public nuisance if they promoted lead-based paint for residential use with sufficient knowledge of the health hazards that would result to render their promotions unreasonable.

California Land Title Association


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