Parental Negligence Claims Against Tenant Dismissed

January 1, 1999

LVT Number: 12889

Tenant sued landlord for negligence after her child got lead poisoning. Tenant claimed the injury was caused by lead paint exposure in the apartment. Landlord, in turn, claimed that tenant, as the child's parent, didn't keep the apartment clean or get proper medical treatment for the child. Tenant asked the court to dismiss landlord's claims without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The acts landlord complained of would be considered negligent parental supervision and there is no legal basis to sue for that reason.

Tenant sued landlord for negligence after her child got lead poisoning. Tenant claimed the injury was caused by lead paint exposure in the apartment. Landlord, in turn, claimed that tenant, as the child's parent, didn't keep the apartment clean or get proper medical treatment for the child. Tenant asked the court to dismiss landlord's claims without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The acts landlord complained of would be considered negligent parental supervision and there is no legal basis to sue for that reason.

Fontanez v. Libra 730 Co.: NYLJ, p. 28, col. 2 (12/14/98) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Wallach, Williams, Mazzarelli, JJ)

Topics

More like this