Landlord Not Liable for Lead Poisoning

July 31, 2001

LVT Number: 15142

Tenant sued landlord for negligence after her child was diagnosed with lead poisoning in 1993. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed, showing that the building had been totally renovated in 1991 after a fire. All new Sheetrock, moldings, and tiling were installed in each apartment and painted with latex paint. So there could have been no lead paint exposure in the apartment. Also, tenant hadn't notified landlord of any claimed condition.

Tenant sued landlord for negligence after her child was diagnosed with lead poisoning in 1993. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed, showing that the building had been totally renovated in 1991 after a fire. All new Sheetrock, moldings, and tiling were installed in each apartment and painted with latex paint. So there could have been no lead paint exposure in the apartment. Also, tenant hadn't notified landlord of any claimed condition.

Saunders v. Baker: NYLJ, 7/12/01, p.21, col. 3 (App. Div.2 Dept.; O'Brien, JP, Miller, Schmidt, Cozier, JJ)

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