Lead Paint Poisoning May Not Be Sole Cause of Child's Injuries

Tenants sued landlord for personal injuries to their child, claiming that the child was injured from lead paint poisoning in their apartment. They claimed that there were no questions of fact and asked the court to rule in their favor without trial. The court ruled against tenants. Local Law 1 of 1982 and Local Law 38 applied to the case. Landlord was required to remove or cover paint containing hazardous levels of lead in the apartment because the building was a multiple dwelling and the child was under age 6. But two doctors, landlord’s experts, testified in pretrial questioning that the child had endured other life stressors, any one of which could be independently responsible for his developmental problems. The child spent his first two years in foster care due to reported neglect and drug use by his parents and was homeless for an extended period. A trial was needed to determine the facts and causes of the child’s injuries.

O’Connor v. Weiss: NYLJ, 2/22/08, p. 27, col. 3 (Sup. Ct. Kings; Partnow, J)