Landlord Liable for Lead Poisoning

June 30, 2002

LVT Number: 15927

Tenants sued landlord after their 2-year-old child was diagnosed with lead poisoning. They asked the court to find landlord responsible without a trial. The court ruled against tenants, and they appealed. The appeals court ruled for tenants. There was no question that landlord knew tenants had a baby. There also was no question that landlord knew about the condition of the apartment, which was filled with peeling and chipping paint. The Department of Health also had inspected the apartment and found there was illegal lead paint.

Tenants sued landlord after their 2-year-old child was diagnosed with lead poisoning. They asked the court to find landlord responsible without a trial. The court ruled against tenants, and they appealed. The appeals court ruled for tenants. There was no question that landlord knew tenants had a baby. There also was no question that landlord knew about the condition of the apartment, which was filled with peeling and chipping paint. The Department of Health also had inspected the apartment and found there was illegal lead paint. Tenants sufficiently proved that the child got lead poisoning from swallowing lead-based paint in the apartment.

Zaman v. Patwary: NYLJ, 6/17/02, p. 30, col. 4 (App. Div.2 Dept.; Feuerstein, JP, Goldstein, McGinity, Crane, JJ)

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