Did Landlord Know that Child Lived in Apartment?

LVT Number: 10903

Tenants sued landlord for negligence after their child was diagnosed with lead poisoning. Tenants claimed the lead poisoning was caused by lead paint chips and dust swallowed by the child in the apartment. Tenants' apartment contained peeling paint in and around window sills and in the area where the child slept. After being notified by tenants of the child's condition, landlord took steps to reduce the lead paint hazard, and medical tests showed that the child's blood lead level was reduced. Tenants asked the court to rule in their favor without a trial.

Tenants sued landlord for negligence after their child was diagnosed with lead poisoning. Tenants claimed the lead poisoning was caused by lead paint chips and dust swallowed by the child in the apartment. Tenants' apartment contained peeling paint in and around window sills and in the area where the child slept. After being notified by tenants of the child's condition, landlord took steps to reduce the lead paint hazard, and medical tests showed that the child's blood lead level was reduced. Tenants asked the court to rule in their favor without a trial. The court ruled against tenants on this issue. Tenant husband had originally lived in the apartment with his grandmother. His wife later moved in with them, and then they had the baby. A trial was required to determine whether landlord had ''actual or constructive'' notice that a child under the age of 7 lived in the apartment.

Woolfalk v. NYCHA: NYLJ, p. 21, col. 6 (9/18/96) (Sup.Ct. NY; Miller, J)