Landlord Liable for Lead Paint Poisoning

June 30, 2000

LVT Number: 14213

Tenant sued landlord, claiming that her children got lead poisoning from paint in her apartment. Tenant claimed there were no questions requiring a trial and asked the court to decide the case in her favor. The court ruled against tenant, finding that there were questions of fact. Tenant appealed and won. There was no question that the children had lead poisoning, that landlord had notice that tenant had four young children, that the building was built before 1960, and that landlord didn't properly inspect the apartment or take reasonable measures to correct lead contamination.

Tenant sued landlord, claiming that her children got lead poisoning from paint in her apartment. Tenant claimed there were no questions requiring a trial and asked the court to decide the case in her favor. The court ruled against tenant, finding that there were questions of fact. Tenant appealed and won. There was no question that the children had lead poisoning, that landlord had notice that tenant had four young children, that the building was built before 1960, and that landlord didn't properly inspect the apartment or take reasonable measures to correct lead contamination.

Velez v. Stopanjac: NYLJ, 6/8/00, p. 26, col. 2 (App. Div.1 Dept.; Mazzarelli, JP, Ellerin, Lerner, Andrias, Friedman, JJ)

Topics

More like this