Landlord Liable for Lead Poisoning

LVT Number: 13770

Tenant sued landlord after her child was diagnosed with lead paint poisoning. The court ruled for tenant, finding landlord 100 percent at fault and awarding tenant $500,000 in damages. Landlord appealed and lost. Tenant proved that the apartment, including the walls of the bedroom, had been painted with lead paint and that it was peeling. She also proved that the peeling paint was the cause of the child's injuries.

Tenant sued landlord after her child was diagnosed with lead paint poisoning. The court ruled for tenant, finding landlord 100 percent at fault and awarding tenant $500,000 in damages. Landlord appealed and lost. Tenant proved that the apartment, including the walls of the bedroom, had been painted with lead paint and that it was peeling. She also proved that the peeling paint was the cause of the child's injuries.

Esteves v. NYCHA: NYLJ, p. 36, col. 2 (12/6/99) (App. Div.2 Dept.; Santucci, JP, Sullivan, Florio, Schmidt, JJ)