Landlord Claims Child's Parent Was Negligent as Defense in Lead Paint Law Suit

November 1, 1999

LVT Number: 13677

Tenant sued landlord and county government, claiming that her child was injured by exposure to lead paint in their apartment. Landlord and the county argued that tenant was negligent in supervising the child. Tenant claimed that this was no defense. The court ruled for landlord and county, finding that tenant's negligence could be raised as a defense. The court also rejected tenant's argument that the state public health law imposed liability on the county government for not notifying landlords of lead hazards discovered by government inspectors.

Tenant sued landlord and county government, claiming that her child was injured by exposure to lead paint in their apartment. Landlord and the county argued that tenant was negligent in supervising the child. Tenant claimed that this was no defense. The court ruled for landlord and county, finding that tenant's negligence could be raised as a defense. The court also rejected tenant's argument that the state public health law imposed liability on the county government for not notifying landlords of lead hazards discovered by government inspectors.

Cooper v. Cty. of Rensselaer: NYLJ, p. 35, col. 5 (10/13/99) (Sup. Ct. Rensselaer Cty.; Canfield, J)

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