Tenants Claim Emotional Injury from Lead Paint Exposure

August 31, 1997

LVT Number: 11784

Tenants sued landlord for negligence. Among other things, they claimed they suffered emotional distress by witnessing their child's exposure to lead paint conditions in their apartment, and by being exposed themselves to these conditions. Tenants claimed the conditions caused the child to suffer from respiratory ailments and asthma. Landlord asked the court to dismiss the emotional distress claim. The court ruled for landlord on this issue. Tenants suffered no physical injury, didn't seek psychiatric treatment, and showed no medical proof that their fear of harm was justified.

Tenants sued landlord for negligence. Among other things, they claimed they suffered emotional distress by witnessing their child's exposure to lead paint conditions in their apartment, and by being exposed themselves to these conditions. Tenants claimed the conditions caused the child to suffer from respiratory ailments and asthma. Landlord asked the court to dismiss the emotional distress claim. The court ruled for landlord on this issue. Tenants suffered no physical injury, didn't seek psychiatric treatment, and showed no medical proof that their fear of harm was justified.

Cabrera v. 3371 Broadway Assocs.: NYLJ, p. 22, col. 2 (8/20/97) (Sup. Ct. NY; Cohen, J)

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