Trial Required on Landlord's Liability for Lead Poisoning

July 31, 1999

LVT Number: 13405

Facts: Tenant sued landlord because of her child's developmental injuries from extended exposure to unsafe lead levels in tenant's apartment. Tenant and her child continued to live in the apartment for a while after the lead hazard was discovered but before it was fully repaired. Landlord asked the court to dismiss the case, claiming tenant had no proof that landlord's actions caused the child's injuries. Court: Landlord loses. The child was tested repeatedly while he lived in the apartment, and a respected medical expert on lead poisoning prepared reports describing his condition.

Facts: Tenant sued landlord because of her child's developmental injuries from extended exposure to unsafe lead levels in tenant's apartment. Tenant and her child continued to live in the apartment for a while after the lead hazard was discovered but before it was fully repaired. Landlord asked the court to dismiss the case, claiming tenant had no proof that landlord's actions caused the child's injuries. Court: Landlord loses. The child was tested repeatedly while he lived in the apartment, and a respected medical expert on lead poisoning prepared reports describing his condition. The doctor's report found that the child's injuries were caused by lead paint poisoning, and tenant claimed the child swallowed paint chips in the apartment. So there was a question of fact as to what caused the injuries that required a trial.

Valencia v. Lee: NYLJ, p. 39, col. 2 (7/2/99) (E.D.N.Y.; Trager, J)

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