Did Lead Paint Condition Cause Elevated Blood Levels of Lead?

June 30, 2000

LVT Number: 14212

Tenant sued landlord, claiming that her child suffered from lead poisoning as a result of a lead paint condition in the apartment. She asked the court to rule in her favor without a trial. The court ruled against tenant. Landlord showed that there were questions of fact requiring a trial. The child had lived in the apartment since birth in 1991, but her blood levels didn't show lead poisoning until 1995. Tenant stated that the child didn't swallow any paint chips and that she stayed at her father's apartment every weekend.

Tenant sued landlord, claiming that her child suffered from lead poisoning as a result of a lead paint condition in the apartment. She asked the court to rule in her favor without a trial. The court ruled against tenant. Landlord showed that there were questions of fact requiring a trial. The child had lived in the apartment since birth in 1991, but her blood levels didn't show lead poisoning until 1995. Tenant stated that the child didn't swallow any paint chips and that she stayed at her father's apartment every weekend. So there was a question as to whether landlord caused the condition.

Tejeda v. Rodriguez: NYLJ, 6/7/00, p. 30, col. 3 (Sup. Ct. Kings; Belen, J)

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