Landlord Claims Parents Liable for Lead Poisoning

November 1, 1995

LVT Number: 10104

Tenants sued landlord for negligence because their child was exposed to lead paint in their apartment. Landlord tried to claim that tenants were negligent. The court wouldn't let landlord raise the issue, and landlord appealed and lost. There was no proof that tenants had a duty with respect to the painting of their apartment or otherwise created the condition which caused the injury. So the general rule barring claims based on negligent parental supervision applied.

Tenants sued landlord for negligence because their child was exposed to lead paint in their apartment. Landlord tried to claim that tenants were negligent. The court wouldn't let landlord raise the issue, and landlord appealed and lost. There was no proof that tenants had a duty with respect to the painting of their apartment or otherwise created the condition which caused the injury. So the general rule barring claims based on negligent parental supervision applied.

Rosario v. Bann Housing Corp.: NYLJ, p. 26, col. 6 (10/30/95) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Asch, Nardelli)

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