Landlord Claims Lead Paint Injuries Caused by Mother

June 30, 1995

LVT Number: 9808

Tenant sued landlord for negligence after she and her child were diagnosed with lead poisoning. Landlord claimed that tenant caused the injuries herself. The court ruled against landlord and landlord appealed. The appeals court also ruled against landlord. Tenant couldn't be found responsible for mere negligent supervision of her child. And landlord presented no proof of any active negligence on tenant's part. The court also ruled that landlord's claim was frivolous and ordered landlord to pay tenant's court costs.

Tenant sued landlord for negligence after she and her child were diagnosed with lead poisoning. Landlord claimed that tenant caused the injuries herself. The court ruled against landlord and landlord appealed. The appeals court also ruled against landlord. Tenant couldn't be found responsible for mere negligent supervision of her child. And landlord presented no proof of any active negligence on tenant's part. The court also ruled that landlord's claim was frivolous and ordered landlord to pay tenant's court costs.

Navaro v. Ieraci: 625 NYS2d 642 (1995) (App. Div. 2 Dept.; Ritter, JP, Altman, Hart Goldstein, JJ)

Topics

More like this