Sherwin-Williams Wins

Wednesday, July 2, 2008
Topics: Environment, Health, Economy
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A big victory for Cleveland-based paint-maker Sherwin-Williams Tuesday. Rhode Island's Surpeme Court has overturned a 2006 decision that found the paint-maker liable under public nuisance laws for health problems stemming from lead paint in homes. ideastream®'s Dan Bobkoff reports.

The high court in Rhode Island sided with Sherwin-Williams and other paint companies, arguing that, despite lead paint’s potential to cause serious health problems, especially in children, the companies are not liable. Since intact lead paint is not harmful, the court said it’s up to property-owners to ensure that lead paint is maintained or replaced. This case is likely to have an effect on two lead paint lawsuits in Ohio. Chuck Mollenberg is an attorney who helped argue the Rhode Island case on behalf of Sherwin Williams. He says this could be the last chapter in using public nuisance laws against paint companies.

MOLLENBERG: The RI Supreme Court decision obviously was based on RI law, but it went out of its way to talk about the supreme courts of a number of other states: NJ, MO, IL, and NY, have considered similar public nuisance claims and have rejected those.

The Ohio attorney general disagrees, however, issuing a statement saying that the Rhode Island case will have no effect on Ohio’s lead paint lawsuits in Columbus. There is also litigation pending in California.