Landlord Knew About Peeling Paint

February 1, 1996

LVT Number: 10320

Tenants sued landlords for negligence after their child became ill from swallowing lead-based paint chips. Landlords asked the court to dismiss the case. Landlords were tenants' parents and lived with tenants in two-family house. Landlords admitted that they were aware of the peeling and chipping paint in their own apartment. The child spent a lot of time there. Landlords saw him swallow paint chips but said they couldn't stop him. The court ruled that tenants could proceed with the case. Landlords had actual knowledge of the condition and didn't remedy the condition.

Tenants sued landlords for negligence after their child became ill from swallowing lead-based paint chips. Landlords asked the court to dismiss the case. Landlords were tenants' parents and lived with tenants in two-family house. Landlords admitted that they were aware of the peeling and chipping paint in their own apartment. The child spent a lot of time there. Landlords saw him swallow paint chips but said they couldn't stop him. The court ruled that tenants could proceed with the case. Landlords had actual knowledge of the condition and didn't remedy the condition. Lead paint is an immediately hazardous condition.

Lane v. Ruiz: NYLJ, p. 29, col. 6 (1/19/96) (Sup. Ct. Queens; Lonschein, J)

Topics

More like this