Landlord May Be Liable for Lead Poisoning

April 30, 2002

LVT Number: 15830

Tenant sued landlord for damages because her child suffered from lead poisoning. Landlord claimed that he wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Landlord maintained a right of entry to tenant's apartment, had done so to make repairs, knew the apartment was built before lead-based paint was banned, knew the hazards of lead paint to young children, and knew that a young child lived in the apartment.

Tenant sued landlord for damages because her child suffered from lead poisoning. Landlord claimed that he wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Landlord maintained a right of entry to tenant's apartment, had done so to make repairs, knew the apartment was built before lead-based paint was banned, knew the hazards of lead paint to young children, and knew that a young child lived in the apartment. So there was a possible reason for landlord's liability. A trial was needed to determine whether landlord knew or should have known that paint was peeling in the apartment.

Parra v. Lopez: NYLJ, 4/8/02, p. 27, col. 5 (App. Div.2 Dept.; Ritter, JP, Goldstein, Friedmann, Luciano, JJ)

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