PHILADELPHIA – Philadelphia residents today filed a class-action lawsuit against the city of Philadelphia, claiming that it knowingly conducted construction projects that exponentially increased the risk of toxic levels of lead in residents’ tap water, and that the city failed to warn residents of the risks and actively concealed the problem through “negligent, reckless, and deceptive conduct,” according to Hagens Berman.

The lawsuit, filed on June 2, 2016 in the Court of Common Pleas of Philadelphia County, states that the city’s aging lead water pipes are disturbed by construction that disrupt the service lines and increases the risk of lead contamination into nearby residents’ water supply. The lawsuit cites multiple studies that have shown the risks to partially replacing lead service lines, stating that the city has ignored “blatant red flags.”

“Studies have shown that the kind of construction the city is carrying out creates the perfect storm for lead pipe corrosion, and yet the city has decided to conceal this growing health hazard from its own citizens,” said Steve Berman, managing partner of Hagens Berman. “To add insult to injury, the city of Philadelphia has actively concealed this issue by rigging its lead testing procedures.”

If you are a resident of Philadelphia and believe you have been put at risk of lead contamination due to the city’s disruptive construction projects and lack of information, you may be entitled to medical monitoring and other compensation from the city. Contact Hagens Berman’s legal team about the class-action lawsuit on behalf of Philadelphia residents.

The lawsuit states that the city rigs its lead testing in two ways. First, by testing an inordinate amount of low risk homes, “diluting its testing pool and skewing the results… to paint a woefully inaccurate picture…” Second, the lawsuit states that the city of Philadelphia tests its water for lead in a manner specifically advised against by the EPA and water experts around the country due to the likelihood of increasing false negative results. The city continues to ignore these warnings, the lawsuit says.

“Specifically, the City instructs its residents to take three steps when collecting the water sample: (1) remove the aerator from the faucet; (2) run the water for two minutes the night before collecting the sample; and (3) slowly run the faucet when filling the bottle.  These three instructions, while seemingly inconsequential, can temporarily hide a home’s lead contamination,” the complaint states.

The suit seeks to provide diagnostic testing necessary to detect lead poisoning to affected Philadelphia residents and their children, as well as full replacement of affected service lines, given that the City has interfered with residents’ private property and caused damage that cannot be reversed, according to the suit.

Berman said, “The city has known and acknowledged that, for years, construction projects and water main repairs have caused elevated and unsafe levels of lead to contaminate the water traveling through its residents’ homes, and it’s time to come clean.”

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in 10 cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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