Parents May Be Partially Liable for a Child's Lead Poisoning

Tenants sued landlord for negligence when their child got lead poisoning. Tenants claimed the child swallowed paint chips that fell from the ceiling of their apartment. Landlord claimed tenants might be partially liable. Tenants argued that landlord shouldn't be allowed to make this claim. The court again ruled that landlord had some grounds for making the argument. The court ruled against tenants, and they appealed. The appeals court again ruled that landlord had some grounds for making the argument. Landlord claimed that the child's lead poisoning might have been caused by another source, that tenants didn't seek prompt medical attention for the child, and that tenants had painted their own apartment. If landlord proved these claims, tenants could be responsible for contributory negligence.

Alharb v. Sayegh: 604 N.Y.S.2d 243 (12/6/93)(App. Div. 2 Dept.; Lawrence, JP, Eiber, O'Brien, Santucci, JJ)