Did Landlords Know About Lead Paint Condition in Apartment?

November 25, 2015

LVT Number: #26651

Former tenant sued landlords for negligence, claiming that he was injured by exposure to lead paint in his apartment as a child. Landlords claimed that they weren’t responsible, and the court granted landlords’ request to dismiss the case without a trial. Tenant appealed, and the case was reopened. Even if landlords didn’t have constructive notice of a lead paint hazard in the apartment, there were questions as to whether they knew that paint was peeling and knew or should have known of the dangers of lead paint to children.

Former tenant sued landlords for negligence, claiming that he was injured by exposure to lead paint in his apartment as a child. Landlords claimed that they weren’t responsible, and the court granted landlords’ request to dismiss the case without a trial. Tenant appealed, and the case was reopened. Even if landlords didn’t have constructive notice of a lead paint hazard in the apartment, there were questions as to whether they knew that paint was peeling and knew or should have known of the dangers of lead paint to children. In addition, a trial was needed to determine whether landlords took reasonable measures to abate lead paint hazards at the apartment after they received actual notice of the condition.

 

 

 

 

Bowman v. Zumpano: 2015 NY Slip Op 07370, 2015 WL 5894744 (App. Div. 4 Dept.; 10/9/15; Centra, JP, Peradotto, Lindley, Whalen, DeJoseph, JJ)

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